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(영문) 광주지방법원목포지원 2020.09.11 2020고단311

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Records] On January 19, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act at the Yeongdeungpo Branch Office of the Gwangju District Court on January 19, 201.

[Criminal Facts] On February 20, 2020, the Defendant: (a) was a person with alcohol driving skills, and (b) was driving a Clater vehicle in the state of under the influence of alcohol of about 0.151% of blood alcohol concentration from about 5km section from the front of the Ganpo Police Station located in 303-1 to the front road of the Ganpo Police Station located in 303-1 in the same city.

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. A report on the actual state of the driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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

1. Article 62 (1) of the Criminal Act;