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(영문) 광주지방법원목포지원 2020.11.10 2020고단640

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 power] On March 5, 2008, the Defendant was issued a summary order of KRW 700,000,000 by fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on August 22, 2008.

【Criminal Facts】

On August 18, 2020, the Defendant driven a F Bodyman’s car at approximately 500 meters away from the “C Bank Bapo-si” located in Fapo-si B in Fapo-si to the front road of “E” located in D in the same city, while under the influence of alcohol content of 0.109% of the blood alcohol content around 03:35.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal records and investigation reports (former records of sound driving) - Application of Acts and subordinate statutes of two summary orders;

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;