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(영문) 광주지방법원 2020.11.05 2020고단4171
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 October 1, 2010, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 3, 2020, at around 0.10, the Defendant driven a F E-cub vehicle from around 30 meters to around 0.066% of blood alcohol level on the roads of the restaurant in North-gu, Gwangju, North-gu, Gwangju, in the direction of alcohol level 0.06% on August 3, 202.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

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 as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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