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(영문) 광주지방법원목포지원 2020.10.13 2020고단461

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 April 14, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving on Motor Vehicle) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On February 8, 2020, at around 03:05, the Defendant driven CK7 car while under the influence of alcohol 0.152% of the blood alcohol concentration at the section of approximately 3.5 km from the intersection to the center located in Young-gun, Young-gun, Young-gun, Young-gun.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (verification of CCTV images around the scene of an accident);

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the records of the same kind of crime), - Application of Acts and subordinate statutes of one 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. Article 62 (1) of the Criminal Act;