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(영문) 광주지방법원 목포지원 2020.05.07 2020고단16

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 October 31, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch.

Nevertheless, at around 22:25 on December 15, 2019, the Defendant driven a fluent car in the state of alcohol alcohol concentration of approximately 0.157% from the 1km section from the front of the road located in Heposi B to the front of the road located in D in the same city.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports, and criminal records records;

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. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act was 13 years prior to the lapse of 13 years, the fact that there is no punishment heavier than the fine for the same kind of crime, and other circumstances such as the defendant’s age, character and conduct, environment and circumstances after the crime, the punishment shall be determined as ordered and the execution of the sentence shall be suspended at a time.