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(영문) 광주지방법원 2020.06.11 2020고단1310

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 October 8, 2013, the Defendant issued a summary order of KRW 2 million as a fine for a crime of violation of the Road Traffic Act at the Gwangju District Court on the same day and on December 22, 2016 at the same court, respectively.

【Criminal Facts】

On March 16, 2020, the Defendant again driven a Fexton vehicle from the front side of the “C” in the North-gu, Gwangju, under the influence of alcohol level of 0.131% at around 02:47 on March 16, 2020, to the front side of the “E restaurant” located in Gwangju Northern-gu D, while under the influence of alcohol level of 0.131%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on internal investigation (a response to a request for appraisal with a State and an appraisal report on blood alcohol and attachment thereto);

1. Previous convictions in judgment: Application of investigation reports (report accompanied by the previous convictions and summary orders) 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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.