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(영문) 광주지방법원 2020.10.29 2020고단4470

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

On July 10, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

The defendant is the driver of a vehicle for the passenger in the Stiuse B.

On February 2, 2020, at around 21:05, the Defendant driven the said vehicle under the influence of alcohol by 0.113% in the volume section of approximately 200 meters from the day front of the mutually infurnal cafeteria located in Gwangju Northern-gu to the front road located in Gwangju Northern-gu C.

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. Making a report on the results of the drinking driving control;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes reporting results of an investigation;

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 period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.