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(영문) 광주지방법원 2020.04.23 2020고단418
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

[Criminal Power] On September 17, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 22, 2020, at around 22:43, the Defendant driven a b bargaining car under the influence of alcohol with approximately 1k alcohol content of about 0.157% from the road front of the Mannam-dong located in the Mannam-dong, Gwangju Metropolitan City to the lower road of the Mannam-dong located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment to summary orders of the same kind of crime);

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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