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(영문) 광주지방법원 2020.01.16 2019고단4496
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On June 5, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on May 2, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for eight months at the Gwangju District Court for the same crime.

【Criminal Facts】

On October 19, 2019, at around 17:50, the Defendant driven a c motor vehicle while under the influence of alcohol content 0.239% of alcohol content on the 1km section from the Dogdo road in front of the Dogdodododo Island in Yong-gun, Young-gu, Seoul to the front road B.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes of investigation report (verification of sound driving records);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as shown in the criminal records of the Defendant, even though the Defendant had been sentenced to a suspended sentence of imprisonment due to a crime of drunk driving, and the Defendant again committed the crime of drunk driving in this case, and the blood alcohol concentration of the instant case is very high. The Defendant is sentenced to imprisonment with prison labor; however, the Defendant shall be sentenced to imprisonment with prison labor, considering the motive and background of the instant crime, the circumstances after the crime, the Defendant’s family relationship, the Defendant’s health status, and the possibility of re-offending, and various conditions of sentencing

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