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(영문) 광주지방법원 2020.10.22 2020고단4143

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 Power] On September 21, 2018, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 19:05 on July 30, 2020, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.056% from the front side of the Gwangju North-gu building to the front side of the Gwangju North-gu Seoulbuk-gu, about 100 meters.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. 112 Reporting case handling table; and

1. Previous convictions in judgment: Inquiry into materials about foreign crimes and criminal investigation experience, and application of Acts and subordinate statutes of a report on criminal investigation (verification of a suspect's previous conviction);

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is as follows: (a) the Defendant, even though having been punished once for drunk driving in 2018, once again commits the instant crime; (b) the Defendant was led to the confession of the Defendant and against his mistake; (c) the Defendant has no record of punishment other than the previous conviction of the fine; (d) the Defendant has a blood alcohol concentration in favorable circumstances; and (e) the Defendant has a blood alcohol concentration in other favorable circumstances, including the Defendant’s age, character and behavior, environment, motive for the commission of the instant crime; and (e) the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the following circumstances.