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(영문) 광주지방법원 2020.12.10 2020고단5310

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2010, the Defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act, at the Sungnam Branch of Suwon District Court, and on December 26, 2014, with the same crime at the Seoul Southern District Court.

On October 16, 2020, at around 22:25, the Defendant driven a F i30 vehicle from the front side of the road located in Gwangju Northern-gu B to the front side of the road located in Gwangju Northern-gu D with approximately 1km alcohol level of 0.136%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of traffic-related crimes, blood alcohol concentration at the time of the crime of this case, the circumstances where drinking driving was conducted, the distance and place where drinking driving was conducted, and the defendant separates his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, and circumstances before and after the crime of this case, shall be determined as ordered.