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(영문) 광주지방법원목포지원 2020.10.15 2020고단704

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 1, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Maritime Branch Court's support.

Nevertheless, around 00:55 on May 2, 2020, the Defendant driven an E rocketing car with approximately 0.246% of alcohol level 0.246% from the front of the “C” main road located in Yong-Namnam Cancer B to the front of the same Gun D at approximately 6.5km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Any internal investigation report, any report on the circumstantial statement of a driver with a driver with a driver with a driver's license, any report on the situation of a driver with a driver with a driver's license, any notification on the results of the influence of alcohol driving, any notification on the 112 reported cases, any investigation report, and any investigation report;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The suspended sentence of Article 62(1) of the Criminal Act, even though the person was punished for the purpose of drinking alcohol, is once driving under the influence of alcohol, and the degree of blood alcohol concentration is very high to commit the crime.

Therefore, the execution of a sentence shall be suspended only once in consideration of the fact that the punishment was imposed more severe than the fine until now, and other circumstances such as the age, character, environment, and conditions of the defendant's age.