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(영문) 광주지방법원 순천지원 2020.04.16 2019고단2382

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 June 8, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court's Branch on the grounds of the violation of the Road Traffic Act, and on November 20, 2012, a fine of KRW 2.5 million was imposed at the Suwon District Court on the charges of violating the Road Traffic Act (driving).

【Criminal Facts】

At around 18:40 on July 27, 2019, the Defendant driven a car with blood alcohol level of about 6km from approximately 0.164% while under the influence of alcohol level of about 0.164% from the 18:40 on the 18:40 on the ground parking lot of B apartment C apartment to the point where D A63.2.2SI Quatation in the 6km section.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of penalty, 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 is based on the following factors: the Defendant’s age, character and conduct, environment, motive and background of the crime, the blood alcohol concentration and driving distance of the Defendant, and the circumstances after the crime, etc., and the sentence is determined as ordered.