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(영문) 광주지방법원 목포지원 2020.04.09 2019고단1596

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

On November 12, 2013, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on April 8, 2014.

Nevertheless, at around 22:30 on October 17, 2019, the Defendant driven a motor bicycle at approximately 50 meters from the 50m section B front of Yong-gun, Yongnam-gun, to the roads front C, while under the influence of alcohol by 0.190% of the blood alcohol concentration.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. Report on the occurrence of a traffic accident, report on actual condition, traffic accident-related evidence and photographs, investigation report, circumstantial statement of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Application of each of the Acts and subordinate statutes of one copy of the criminal record, reply statement, and summary order;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no power to punish a fine heavier than that of a fine, and the circumstances, etc. of drinking driving);