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(영문) 광주지방법원순천지원 2020.10.08 2020고단275

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 power] On January 4, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on January 4, 2008, and a summary order of KRW 5 million as the same crime in the same court on January 10, 2013.

【Criminal Facts】

On January 18, 2020, at around 23:51, the Defendant driven a F UA6 car in the state of alcohol 0.052% alcohol concentration at approximately 200 meters from the front of the C cafeteria, which is located in the C cafeteria B, to the front of the E cafeteria located in the Mecheon City D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; and (b) the Defendant’s age, character and conduct, environment, criminal records (which have the records of being sentenced to two times a fine due to the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.,