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(영문) 광주지방법원해남지원 2020.10.22 2020고단136

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On October 1, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court's Maritime Court's support.

【Criminal Facts】

Around 02:35 on April 5, 2020, the Defendant driven a car with a volume of approximately 1 kilometer C 1 kilometer from the Jindo-gun, Jindo-gun to the neighboring road of the same Gun, Jindo-do, Jindo-do, Jindo-do, Jindo-do, with a alcohol concentration of about 0.15%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving (styer), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Inquiries into crimes committed by foreigners and criminal investigation experience data, reporting on investigation (verification of previous convictions), and application of a copy of summary order;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.

The defendant is a person who has been punished for drinking once in the past.

Nevertheless, the risk of drinking driving has not been broken down, and it has caused serious danger to the safety of the general public by driving under drinking again.

At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.

However, the defendant seems to have a wrong attitude and repent, and even if so, the risk of the defendant has not been realized by a third party's life or body is favorable to the defendant.