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(영문) 광주지방법원 순천지원 2021.01.13 2020고단627

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2009, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating road traffic law (drinking) in the Gwangju District Court's net support on September 4, 2009.

On February 25, 2020, the Defendant driven D's low-income car with alcohol content of 0.059% 0.05% while under the influence of alcohol on the roads in front of the C in Shyman City B around February 25, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

around 09:35 on March 8, 2020, the Defendant driven a DNA car with approximately 10km alcohol concentration of about 0.095% during blood alcohol level from the 10km section to the 10km of the tomb road located in the Dong in the Ma in light of the light-based around 09:35 on March 8, 2020.

Summary of Evidence

" 2020 Highest 627"

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. 112 Reporting case handling table;

1. Photographs "2020 Height 717";

1. Statement by the defendant in court;

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

1. The records of the case of 2020 order 627" before the judgment, which was inquired of the results of crackdown on the driving of drinking;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the previous summary order);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009) that a person who renders a second alcohol again due to his or her no long time when driving under the influence of alcohol is under the influence of alcohol; or

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;