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(영문) 광주지방법원 2020.06.04 2020고단532

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 December 22, 2011, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Gwangju District Court, and on September 6, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

On June 16, 2020, the Defendant driven a F-Adi vehicle at approximately 20km section from the front of the cafeteria of "C" in the Dong-gu Gwangju-gu to the front of the E-road in the same Si/Gu, while under the influence of alcohol 0.137% of alcohol level, around 22:45.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, summary orders, and application of 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 under Article 62-2 of the Social Service and Criminal Act is the defendant's records of the same crime, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving, and the defendant's mistake. The defendant's age, character and conduct, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.