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(영문) 광주지방법원 2020.06.23 2020고단1102

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 May 25, 2010, the Defendant was issued a summary order of KRW 3 million as a fine for violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch on May 25, 2010, and KRW 2 million as a fine for violation of the Road Traffic Act (driving) at the Gwangju District Court on May 7, 2013.

On March 10, 2020, at around 00:21, the Defendant driven an eM520 car at a section of about 300 meters from the front of the Gwangju Mine-gu to the front of the D Hospital located in the same Gu C, while under the influence of alcohol 0.125% of alcohol level.

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. Report on circumstantial statements and control results;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.