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(영문) 광주지방법원목포지원 2020.11.17 2020고단656

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 28, 2016, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the application of the Gwangju District Court for the Magpoon on January 28, 2016.

[Criminal Facts] Around 05:55 on April 21, 2020, the Defendant driven a e-learning car in the state of alcohol alcohol concentration of about 8km from the front of the CDaba road located in the Cdaba City B to the front distance of D apartment in the Mapopo City, to approximately 0.162%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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;