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(영문) 광주지방법원 2020.11.05 2020고단3286

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

[Criminal Power] On April 6, 2011, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 17, 2020: (a) around 04:40, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.116% from the 2km section from the front of the restaurant located in Seo-gu, Seo-gu, Gwangju to the front of the Seo-gu, Seo-gu, Gwangju to the front of the Gwangju metropolitan road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous conviction: Application of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.