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(영문) 광주지방법원 목포지원 2020.06.23 2019고단1020
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 September 12, 2017, the Defendant was notified of a summary order of KRW 6,00,000 as a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court.

【Criminal Facts of Crimes】 Around August 4, 2019, the Defendant driven D Cargo Vehicles with a blood alcohol concentration of about 0.232% from around 15:30 to around 15:30, in the direction of the Hap-gun B market in the front of C, to the front of C.

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. A report on the actual condition of survey, report on the occurrence of a traffic accident, and photographs related to accidents;

1. Notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of the drinking driver, the investigation report (report on the circumstances of the drinking driver), and the investigation report (with respect to the application of the Ba mark);

1. Previous records: Application of inquiries, such as criminal records, and a copy 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty, strict punishment is required for the crime of drunk driving; the defendant has the history of being punished for drunk driving twice and the circumstances favorable to the high drinking level: The defendant reflects wrong: the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments;

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