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(영문) 광주지방법원 순천지원 2020.05.20 2019고단3163

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 September 25, 2009, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 25, 2009, and a fine of 2 million won for a violation of the Road Traffic Act at the Daejeon District Court on July 28, 2016.

On November 15, 2019, at around 22:22, the Defendant driven a motor vehicle with an Esp-type under the influence of alcohol concentration of about 0.066% from the 1km section from the front of the Dak Center located in C to the front of the Dak Center located in C.

As a result, the defendant, who has a criminal record due to drinking driving, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Investigation report (Attachment of photograph of a vehicle at the time of detection of sound driving);

1. Investigation report (application of the Madmark in accordance with the application of 90 minutes of the Madic risen machine);

1. Previous records: Application of criminal records, etc. and other 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, although previous and twice the previous fines, there are no previous criminal records exceeding the previous fines, the fact that the vehicle is not re-offending while transferring the vehicle

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;