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(영문) 광주지방법원순천지원 2020.10.29 2020고단1787

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 October 12, 2010, the Defendant received a summary order of KRW 3 million for the crime of violation of the Road Traffic Act from the Changwon District Court's Jinju branch, and a summary order of KRW 6 million for the same crime from the Gwangju District Court's Net Branch on March 25, 2013, respectively.

On June 14, 2020, at around 00:45, the Defendant driven an Epoter flobbbbing truck with approximately 1.2 km of blood alcohol concentration of about 0.20% from the 1.2km section from the front of the D community hall located in Gyang-si, Hannam-gun to the front of the D community hall in Gyangyang-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Criminal history records, reply reports (A), investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of Part I of the relevant case list;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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