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(영문) 광주지방법원 2020.06.04 2019고단4625

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 27, 2006, the Defendant was issued a summary order of KRW 1 million at the Gwangju District Court to a fine of KRW 1 million for a crime of violation of the Road Traffic Act, KRW 1.5 million for the same crime at the same court on April 24, 2009, and KRW 7 million for the same crime at the same court on August 13, 2015, respectively.

【Criminal Facts】

The defendant is a person driving a bents car.

On October 27, 2019, at around 03:09, the Defendant driven the said car at approximately 70 meters from the day before the D cafeteria located in Gwangju Mine-gu C to the front road located in Gwangju Mine-gu E, while under the influence of alcohol of 0.067% of alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes of nine copies of judgment and summary order;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the criminal records as stated in the judgment of the defendant, but also the defendant was punished several times for the crime of drunk driving as stated in the judgment of the court below, and the defendant committed the crime of this case during the period of probation after being sentenced to three times a fine due to the crime ofless driving and being sentenced to a suspended sentence for a period of imprisonment for a period of up to 2017. However, the defendant is recognized to have committed the crime of this case; the defendant is recognized to have committed the crime in light of the motive and circumstance of the crime of this case, the degree of the crime of this case, the circumstances after the crime, the defendant's family relationship, the possibility of recidivism,