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(영문) 광주지방법원순천지원 2020.10.15 2020고단315

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On August 1, 2006, the Defendant issued a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 28, 2007, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on May 28, 2007, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 12, 2016, respectively.

【Criminal Facts】

On January 29, 2020, the Defendant driven B Poter truck at a section of about 100km from 0.069m of blood alcohol level to 0.069m of 0.0m of fluencing alcohol level. From the upstream to the point of 208.9m of the parallel line of the Seocheon-do Coast Highway, west-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records of judgment made after checking the results of crackdown on drinking driving: Criminal records, etc., investigation reports (verification of the same criminal records), and application of each summary order under statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; and (b) the Defendant’s age, character and conduct, environment, criminal records (including records of several times of fines for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.; and (b) the sentence