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(영문) 광주지방법원 순천지원 2020.04.23 2019고단2943

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 9, 2018, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net fishing support.

On November 25, 2019, at around 19:30, the Defendant driven a car with a volume of approximately 2 meters D d d d d d d d d d d d d d d d d d d d d d d d d d d d d d in the B in the south,

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inspection of the results of the control of drinking driving ( November 25, 2019);

1. Previous conviction in judgment: Criminal history records, inquiry reports, investigation reports (verification of suspect's records of driving under influence of alcohol), and application of Acts and subordinate statutes of one copy of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The statutory punishment has been continuously aggravated due to the danger of drinking alcohol driving and the changes in legal sentiment of the citizens, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant was sentenced to a fine twice due to drinking alcohol driving in 2005 and 2018, and that the defendant was driving the vehicle to properly park the vehicle (the scambrancer stated that the defendant was driving the vehicle in front and rear) by driving the vehicle in order to properly park the vehicle (the scambrancer stated that the defendant was driving the vehicle in front and rear), the driving distance of the vehicle is about 2 meters, and the defendant is against the wrongness, and the blood alcohol concentration and other defendant's age, character and behavior, environment, family relationship, and the circumstances after the crime of this case, etc., shall be determined as ordered by the Disposition.