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(영문) 광주지방법원 2020.08.11 2020고단2758
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 29, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

Around 23:50 on May 29, 2020, the Defendant driven a D-Wed-Wed-In-Wed-In-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

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. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he was punished for drinking driving, and there was a history of punishment for driving without a license, and the instant drinking water level is high. Therefore, the Defendant is sentenced to imprisonment with prison labor.

However, considering the circumstances such as the Defendant’s previous record of drinking alcohol and the date of the instant crime, there is no time interval between the Defendant’s punishment heavier than imprisonment, the Defendant has no record of punishment heavier than imprisonment, and the Defendant’s mistake is pened, the sentence shall be mitigated within the scope of the punishment, and the execution of the punishment shall be suspended within the scope of the punishment, but the order shall also be issued along with the participation in the compliance driving instruction.

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