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(영문) 광주지방법원목포지원 2020.10.13 2020고단395
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

[Criminal Power] On November 2, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at a wooden branch of the Gwangju District Court.

【Criminal Facts】

At around 01:20 on January 31, 2020, the Defendant driven a rocketing car while under the influence of alcohol content of about 0.095% from the 7km section to the front roads of the same military, from the Do of Yong-gun, Yongnam-gun B.C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Report on the occurrence of a traffic accident by defendant's statutory statement, actual condition survey report, field evidence photographs of a traffic accident, and report processing table of 112 reported cases;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same type of crime records), and application of two copies 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. Reasons for sentencing under Article 62 (1) of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act increased by statutory penalty, it is necessary to strictize the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, the circumstances favorable to the point that physical damage due to a traffic accident during drunk driving is against mistake: The fact that there is no excess of statutory penalty; the fact that there is no excess of statutory penalty; and all the sentencing conditions shown in the records and arguments, including the degree of taking over

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