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(영문) 광주지방법원 목포지원 2021.02.18 2020고단1353

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 13, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act by the Gwangju District Court.

However, on August 31, 2020, the Defendant driven a CWz vehicle under the influence of alcohol content of about 0.104% in the middle of the “indoor Sports Center” located at approximately 3km and around 90 o.e., 397, at the same time from the street near the “Indoor Sports Center” market at the same time.

Accordingly, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), inquiry into the results of crackdown on the driving of drinking, and inquiry into the next inquiry;

1. (A) a response to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction on disposition, and the application of a copy of the summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, there is no record of being punished for a crime except for the punishment once by a fine in 2006 for the reason of sentencing under Article 62(1) of the Criminal Act. In addition, considering the circumstances surrounding the defendant's age, occupation, and drinking, the necessity for supporting his family members after committing the crime, the sentence shall be determined as above and the execution of the sentence shall be suspended.