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(영문) 광주지방법원순천지원 2020.11.05 2020고단830

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 26, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court Gwangju District Court Gwangju District Court's Gwangju District Court Support.

【Criminal Facts】

On March 21, 2020, at around 01:30, the Defendant driven an Esch Rexton car in the state of alcohol alcohol concentration of about 0.089% from the commercial building located in 01:30,000, in the direction of approximately 20km to the D-dong underground parking lot.

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. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and a copy of each summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the degree of blood alcohol concentration of the defendant at the time of the instant case; (b) the age, character and conduct, environment, criminal records (the records of two times a fine due to the same kind of crime), the distance of drunk driving; and (c) the circumstances after the instant crime, and all the factors of sentencing as shown in the trial process