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(영문) 광주지방법원순천지원 2020.12.18 2020고단2799

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

[Criminal Power] On May 7, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On October 26, 2020, at around 22:05, the Defendant driven an E rocketing car in the state of alcohol alcohol concentration of about 0.032% from the 3km section to the front road of the D apartment at the summer-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Criminal records as stated: A inquiry report on criminal records, etc., an inquiry report on criminal records, etc., a report on the results of confirmation, and application of statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture recognizes and reflects the crime of this case, the social harm caused by drinking driving is very serious and thus, it is necessary to strictly punish the defendant. In addition to the fine imposed for a violation of the Road Traffic Act in 2010 as stated in the judgment of the defendant, the defendant was punished for a violation of the Road Traffic Act in 2004 and 2001, and the same criminal records were punished for a violation of the Road Traffic Act in 2001, even three times (in 2005, the same crime has a history of having been sentenced to a suspension of indictment). Thus, the defendant's responsibility cannot be deemed to be weak.

However, the fact that blood alcohol concentration at the time of the instant case is lower than 0.032% shall be considered in sentencing.

In addition, the circumstances leading the defendant to the drinking driving of this case, the blood alcohol concentration and driving distance of this case, the circumstances leading to the detection of the crime of the drinking driving of this case, the age, character and behavior, occupation, criminal records, family relationship, etc. of the defendant.