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(영문) 광주지방법원 2020.04.23 2020고단420
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] On July 18, 201, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daejeon District Court on July 18, 201, and issued a summary order of KRW 4 million for the same crime at the same court on January 8, 2016.

【Criminal Facts】

On January 23, 2020, at around 22:56, the Defendant driven C-crin car from approximately 2 km to the south-gu roads in the south-gu of Gwangju, Nam-gu, Gwangju, with the alcohol concentration of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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