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(영문) 광주지방법원목포지원 2020.12.11 2020고단1381

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 September 10, 2020, the Defendant was issued a fine of three million won as a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch on September 10, 2020.

Criminal facts

At around 03:50 on July 26, 2020, the Defendant driven an E rocketing car from a section of about 400 meters from the front of the convenience store in Hegpo City C to the front road in Hegpo City D, while under the influence of alcohol with a blood alcohol content of 0.067%.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (one time of criminal records of the same kind as a 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;

1. Probation under Article 62-2 of the Criminal Act;