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(영문) 광주지방법원 2020.11.26 2020고단4898
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

On April 7, 2010, the Defendant issued a summary order of KRW 250,000 as a fine for a violation of the Road Traffic Act, in the Gwangju District Court's Branch on March 5, 2007, and KRW 1,500,000 as a fine for the same crime in the same court on March 5, 2007, and KRW 1 million as a fine for the same crime in the Gwangju District Court's Southern Branch on November 27, 2002.

On June 12, 2020, the Defendant, while under the influence of alcohol 0.179% at 01:05, driven a Dco-gu sports car from around 2 km to the 2km-ro 255 Ga-ro 2nd circulation road in Gwangju-gu, Nam-gu, Gwangju-gu, from the roads in the Nam-gu, Nam-gu, Gwangju to the GUIC (the direction of the burning).

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 the employee;

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

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to the same criminal records and summary orders);

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 period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.

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