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(영문) 광주지방법원 순천지원 2020.06.17 2019고단2546

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

Criminal facts

On May 1, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support.

On September 12, 2019, around 00:21, the Defendant driven a EKazon vehicle under the influence of alcohol level of about 0.079% in the section of about 1km from the Do near C in the Net City B to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, investigation reports (Attachment of criminal records of the same kind as a suspect), application of copies of summary order 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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was sentenced to a fine due to drinking alcohol driving, once again, has a high risk of driving under drinking alcohol.

However, under the circumstances, such as the fact that the defendant seems to have a profound attitude against his mistake, that he disposes of the same mistake, and that he disposes of his own vehicle, and that the defendant's family members and members appeal that the defendant will guide the defendant not to repeat his drunk driving, the defendant's age, character and behavior, environment, criminal records, the background and result of the crime of this case, the circumstances after the crime of this case, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions in the records, such as the following circumstances.