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(영문) 광주지방법원목포지원 2020.11.10 2020고단714
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

On October 6, 2015, the Defendant was issued a fine of 1.5 million won by the Incheon District Court as a crime of violation of the Road Traffic Act.

Criminal facts

On April 26, 2020, at around 01:51, the Defendant driven an EKazon vehicle from a section of about 1 km from the front of the Gelel parking site to the front road located in the same city C, in the state of alcohol of 0.036% of blood alcohol content.

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. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of criminal records and investigation reports (one time of the same drinking record as a suspect - Attachment of summary order) Acts and subordinate statutes;

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

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

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