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(영문) 광주지방법원목포지원 2020.09.22 2020고단711
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 March 5, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on April 16, 2013, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act, respectively.

【Criminal Facts】

On May 16, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol of about 0.167% in the section of approximately 2.3km from the front of the city B, the front of the city B, to the front of the city C/D restaurant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the occurrence of a traffic accident as a result of the control of drinking driving, report on the occurrence of a traffic accident, actual survey report, on-site photograph of an accident, and Ebbbbb records video CD;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty, there is a strict need for 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; two times the same kind of force; normal circumstances favorable to the occurrence of physical damage within the traffic accident during drunk driving; there is no excess of the fine; there is no excess of the amount of fine; and there is no record of crime beyond the amount of fine; and all the conditions of sentencing as shown in the arguments and records, including the degree of

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