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(영문) 광주지방법원 순천지원 2020.05.15 2020고단12

도로교통법위반(음주운전)

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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 20, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On December 17, 2019, at around 21:46, the Defendant driven a Bwwing-III cargo vehicle under the influence of alcohol content of about 0.081% at a section of about 100 meters from the next side of the Safety and Health Authority located in the National Crew East-si, and from the next edge of the seafarer post office located in the same Dong to the next edge of the seafarer post office located in the same Dong.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

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. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of judgment), and application of four copies of judgment;

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, although previous and three times are previous, there are no previous criminal records exceeding fines and

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