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(영문) 광주지방법원 순천지원 2020.07.22 2019고단3050

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on January 19, 201. In addition, on March 29, 2011, the Defendant issued a summary order of KRW 1 million for the same crime from the Gwangju District Court's wooden Branch's application, and on July 19, 2012, a summary order of KRW 4 million for the same crime is issued, respectively.

On December 7, 2019, at around 22:13, the Defendant driven a D low-speed car with a blood alcohol content of about 0.160% while under the influence of alcohol from around 1.5 km to the front road of C around that time.

Summary of Evidence

1. Defendant's legal statement;

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

1. 112 reported case handling table;

1. A traffic accident report;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of records of suspension of execution of punishment, etc.), one written judgment, and application of two summary orders under Acts and subordinate statutes;

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. On January 19, 2018, the Defendant, for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was sentenced to two years of imprisonment for a year of suspension of execution for the crime of violation of the Road Traffic Act at the net support of the Gwangju District Court in Gwangju District Court, and the judgment became final and conclusive as of January 27, 2018, and was engaged in a driving under the influence of alcohol without being able to do so during the period of suspension of execution, and the blood alcohol concentration level of the instant case also is reasonable.

The defendant was involved in the accident of shocking the guard while driving under influence of alcohol, and the police officer dispatched after being reported 112 was denied the driving.

It is inevitable to sentence the defendant as a sentence.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant's mistake is recognized and reflected, and other sentencing conditions shown in the records, such as the age, character and conduct, and environment of the defendant.