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(영문) 광주지방법원 순천지원 2020.07.22 2020고단293
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

On June 23, 2014, the defendant was issued a summary order of KRW 3 million due to the violation of the Road Traffic Act in the Gwangju District Court's net support on June 23, 2014.

On January 12, 2020, at around 23:16, the Defendant driven a rocketing car with approximately 200 meters away from the Yacheon-si B apartment to the back side of the same city B apartment, while under the influence of alcohol 0.132%, while under the influence of alcohol.

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

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of one 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the blood alcohol concentration is equivalent to the blood alcohol concentration and that there is no previous conviction except for the previous four-time fine, and that the vehicle is transferred to another person and that it does not repeat the previous crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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