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(영문) 광주지방법원 2021.03.04 2020고단5956

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 August 2, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Gwangju District Court.

On October 26, 2020, the Defendant driven an E-high typ car from around 1 km to D’s front road in front of a plastic house located in the Southern-gun B while under the influence of alcohol content of 0.130% among blood transfusion around 23:40 on October 26, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

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 drinking driving;

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

1. Article 148-2 (1) and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing of community service and lecture attendance order include the defendant's records of the same crime, alcohol concentration, the circumstances leading to driving of alcohol at the time of the instant crime, the distance and place of driving alcohol, and the fact that the defendant separates his/her wrongness, and any other sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, and circumstances before and after the instant crime, shall be determined as ordered.