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(영문) 광주지방법원목포지원 2020.09.22 2020고단610
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 June 30, 2006, the Defendant was issued a summary order of 1.5 million won by committing a crime of violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

At around 16:50 on April 12, 2020, the Defendant driven a D-wing truck from the section of 800 meters from the vicinity of the G-si apartment to the G-si Mapopo City, in a state of alcohol of 0.064% of blood alcohol concentration.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of the driver under the influence of alcohol, investigation report (report on the circumstances of the driver under the influence of alcohol), and report on police investigation

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of two copies of 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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, there is a need to strictize the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, circumstances favorable to the fact that the act of drunk driving has the same kind of influence of driving: The fact that the degree of blood alcohol concentration is not high, and all the sentencing conditions shown in the records and arguments including the defendant's age, character

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