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(영문) 광주지방법원 순천지원 2020.06.17 2019고단2542

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

Criminal facts

On September 7, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and a summary order of KRW 4 million for the same crime in the same court on June 17, 2013.

On September 2, 2019, at around 23:30, the Defendant driven a C-A-hurd-purged car with a blood alcohol concentration of 0.146%, while under the influence of alcohol on the front of B at Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the crackdown on drinking driving and notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, investigation reports (Attachment of criminal records of the same kind as a suspect), application of copies of summary order 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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act caused an accident while driving under the influence of alcohol again even though he/she had a record of being punished by a fine due to drinking alcohol, and the risk of such act is very high.

However, in light of the circumstances such as the defendant's age, character and behavior, environment, criminal records, the circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by taking into consideration the various conditions of sentencing indicated in the records, such as the defendant's age, character, environment, criminal records, the circumstances after the crime, etc., and the like.