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(영문) 광주지방법원 순천지원 2020.04.22 2019고단2929

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 28, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On November 17, 2019, at around 21:09, the Defendant driven D class III cargo vehicles with a blood alcohol concentration of 0.196% while under the influence of alcohol on the roads near C in Gwangju-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. The actual condition survey report;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of one 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the previous conviction of a fine for the same kind is one time, the fact that the person causes a traffic accident while driving in full, and the degree of blood alcohol concentration);

1. Order to attend lectures under Article 62-2 of the Criminal Act;