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(영문) 광주지방법원순천지원 2020.08.12 2019고단2932
도로교통법위반(음주운전)
Text

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

Reasons

Criminal facts

On January 12, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of the execution due to the violation of the Road Traffic Act in the Gwangju District Court's net support on January 12, 2007. On May 31, 2013, the order of a fine of 3 million won was issued on July 19, 2013 as a fine of 5 million won for the violation of the Road Traffic Act (recognition) at the Seocheon Branch of the Gwangju District Court's Net Branch, and on July 15, 2015, the Defendant was sentenced to 1 year of imprisonment and 2 years of suspended execution due to the violation of the Road Traffic Act (recognition) at the Seocheon Branch of the Gwangju District Court's Net Branch Branch.

around 22:50 on October 11, 2019, the Defendant driven B Coin car while under the influence of alcohol concentration of 0.173% on the front of the relevant park located in the Gwangjuyang-si Indones-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previouss before and after judgments: Criminal records, inquiry reports, investigation reports (verification of criminal records refusing to drive sound and to measure alcohol), judgment and application of summary order Acts and subordinate statutes;

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 follows: (a) the Defendant, in spite of his/her past record of criminal punishment on several occasions by drinking alcohol driving, refusing to measure drinking, etc., and (b) was driving again under the influence of alcohol; (c) In particular, on June 12, 2019, he/she was sentenced to imprisonment for eight months due to the obstruction of performance of official duties; and (d) was sentenced to imprisonment for two years due to the obstruction of performance of official duties; and (e) he/she committed the instant crime without being aware

However, it appears that the defendant shows a attitude to reflect his mistake in depth, again, scrapped the vehicle possessed by him while not driving under the influence of alcohol, and there is no power that the defendant has been sentenced to imprisonment for the same kind of crime.

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