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(영문) 광주지방법원 2020.12.03 2020고단4784

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

[Criminal Power] On February 1, 2008, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act by the Gwangju District Court.

【Criminal Facts】

On September 23, 2020, the Defendant driven BT 63.6 automobiles while under the influence of alcohol leveling 0.076% in approximately 500 meters from the 500-meter section of alcohol level to the ecological tunnel road of the Southern-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, to the same road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (verification 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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.