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(영문) 광주지방법원 2020.10.29 2020고단4473

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 November 17, 2008, the Defendant issued a summary order of KRW 2.5 million at the Gwangju District Court as a fine for a violation of the Road Traffic Act (driving) and KRW 300,000 as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 9, 2016.

The defendant is a person who drives B's low-income cars.

On February 23, 2020, the Defendant driven the said vehicle under the influence of alcohol content of about 0.128 percent at a distance of about 100 meters from the front of the D cafeteria located in Gwangju Mine-gu, to the front of the F store located in Gwangju Mine-gu, the Defendant driven the said vehicle under the influence of alcohol content of about 0.128 percent.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes reporting results of an investigation;

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 grounds for sentencing under Article 62-2 of the Criminal Act include three times the defendant with the records of identical crimes, the degree of blood alcohol, the circumstances leading to the drunk driving at the time of the crime of this case, the distance and place of drinking driving, and the fact that the defendant separates his mistake at the time of the crime of this case, and other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, and circumstances before and after the crime, shall be determined as ordered.