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(영문) 광주지방법원순천지원 2020.11.11 2020고단2034

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 February 13, 2009, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act in the Gwangju District Court's net order support.

The written indictment shall be corrected ex officio as it is obvious that it is a clerical error in the record, although it is stated that the written indictment has been issued.

On July 30, 2020, at around 20:28, the Defendant driven a F car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.117% from the front road of “C” located in “E” to the front intersection of “E” located in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the crackdown on drinking driving ( July 30, 2020);

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records as indicated in the judgment: Application of criminal records, etc. inquiry report, Gwangju District Court Decision 2008 High Court Decision 816 High Court Decision 1 shall apply;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service order and order to attend a lecture are recognized, and the circumstances that the defendant does not repeat the crime of this case are recognized.

However, the defendant's blood alcohol concentration level is 0.117%, and the defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act in 2009 and was sentenced to a fine of KRW 3 million, it cannot be said that the defendant's responsibility is less than that of the defendant in that he re-offending three times or more for the same crime.

The defendant's act of causing a traffic accident in violation of the signal while driving under drinking is also an element of sentencing disadvantageous to the defendant.

However, the defendant is alcoholic beverage.