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(영문) 광주지방법원 2020.02.13 2019고단4852

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 July 18, 2006, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and on August 28, 2006, issued a summary order of KRW 2 million as the same crime in the same court.

【Criminal Facts】

On November 9, 2019, around 22:17, the Defendant driven a D Sti-type car while under the influence of alcohol content of about 500 meters from the front road of Young-gun, Young-gu, Seoul to the front road, with approximately 0.146% of alcohol content.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation reports (verification of sound records);

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 of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.