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(영문) 광주지방법원순천지원 2020.12.04 2020고단2334

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 December 30, 2014, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 30, 2014, and a fine of KRW 4 million as the same crime in the same court on August 4, 2015.

At around 05:20 on September 1, 2020, the Defendant driven a Drocketing car with approximately 10m alcohol level 0.147% while under the influence of alcohol level at the front parking lot of the B apartment Cdong at a leisure 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. A report on traffic accidents and a report on actual condition;

1. Evidence and photographs of the traffic accident scene;

1. Blue images of damaged vehicles;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of court rulings and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act has previous departments and causes a traffic accident while driving under influence

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;