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(영문) 광주지방법원 2020.08.13 2020고단2322

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] The defendant was sentenced to a fine of KRW 3 million at the Gwangju District Court on March 30, 2007 by committing a violation of the Road Traffic Act.

【Criminal Facts】

At around 04:20 on May 2, 2020, the Defendant driven a e-sports car over about 6 km from the front of the North-gu B apartment in Gwangju, to the front road of the D company located in Gwangju North-gu, Gwangju, while under the influence of alcohol by 0.21% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment of summary order of the same kind of power);

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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.