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(영문) 광주지방법원 순천지원 2021.03.04 2020고단2517

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 5, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court’s net support on December 5, 2017

[Criminal facts] On October 11, 2020, the Defendant driven B, under the influence of alcohol leveling 0.078%, from around 00:28 to around the same Si-dong ecological tunnel, at approximately 5km section from the front of the Si-dong river in the city of the Sucheon-dong, Sucheon-dong, the Defendant driven B, under the influence of alcohol leveling to 0.078%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the former Road Traffic Act, the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant’s blood alcohol concentration at the time of the instant case, and the Defendant’s age, sexual conduct, environment, and criminal records (it has two criminal records for the Defendant, and has been punished by a fine for the same kind of crime in around 2017, relatively recent years), the driving distance of drinking, and the circumstances after the instant crime, etc. shall be comprehensively considered and determined as the sentence as per the Disposition.