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(영문) 광주지방법원순천지원 2020.11.25 2020고단1417

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 April 27, 2020, the defendant filed a summary order with the Gwangju District Court for the crime of violation of the Road Traffic Act.

On May 23, 2020, at around 09:45, the Defendant driven D Appurt-purged car with a blood alcohol concentration of 0.130% under the influence of alcohol on the front of C in Mayang-si B.

Summary of Evidence

1. Defendant's legal statement, his statement, his report on the results of drinking control, his actual condition survey report on the results of drinking control, his previous record on the accident site photograph: The application of the criminal records, his written indictment, and the 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds that the defendant was discovered by drinking driving on April 10, 2020 and caused an accident while driving under the influence of alcohol again on April 27, 2020 even though a summary order was requested on April 27, 2020.

However, in light of the circumstances such as the defendant's age, character and conduct, environment, circumstances and result of the crime of this case, various sentencing conditions as shown in the record, such as the following circumstances, etc., the punishment as ordered shall be determined in light of the following factors: (a) the defendant appears to have a attitude to reflect his mistake in depth; and (b) the defendant disposes of the vehicle that he held while not driving under