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(영문) 광주지방법원순천지원 2020.11.19 2020고단2076

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 June 9, 2006, the defendant was issued a summary order of a fine of KRW 700,000 for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 9, 2006, and a fine of KRW 3 million for a crime of violation of the Road Traffic Act in the same court on September 18, 2006.

On August 11, 2020, the Defendant driven D car under the influence of alcohol level of about 0.067% from the 3km section from the front of the cafeteria to the end of the 2km City, in which it is impossible to identify the specific address less than 00:04.04, the Defendant driven D car under the influence of alcohol level of about 0.067%.

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

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, and summary orders of two 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. 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;