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(영문) 광주지방법원 순천지원 2021.02.25 2020고단1874

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 12, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving) in the Gwangju District Court’s net support.

[Criminal facts] On July 14, 2020, the Defendant driven E-Poter truck under the influence of alcohol content of about 0.094% in the 5km section from the road located in Goung-gun, Goung-gun to the road located in C’D’ in front of the road located in C, from around 200:15.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. The grounds for sentencing under Article 148-2(1) and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); Article 53 and Article 55(1)3 of the Criminal Act for the suspension of execution of sentence under Article 62(1) of the Criminal Act for the purpose of sentencing under Article 62(1) of the Act on the Punishment of Suspension of Execution of Sentence 55(1) of the Criminal Act that reduces the amount of imprisonment by choosing the amount of imprisonment, and the defendant’s age, sexual behavior, environment, criminal records (the records of fines for the same type of crime), drinking distance, and circumstances after the crime, etc. shall be determined as ordered by considering all the factors of sentencing as shown in the trial process of the instant case.