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(영문) 광주지방법원목포지원 2020.10.30 2020고단651

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 Records] On October 6, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) in the application of the Gwangju District Court for the wood application of the Gwangju District Court.

[Criminal Facts] On March 24, 2020, around 07:40 on March 24, 2020, the Defendant driven a motor vehicle E in the condition of alcohol alcohol concentration of about 10km from the 10km section of approximately 0.111% to the roads of D located in Newanananan-gun, Haan-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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