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(영문) 광주지방법원순천지원 2020.09.10 2020고단1456
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 October 31, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on October 31, 2007, and was issued a summary order of 1.5 million won for the same crime in the same court on June 16, 201.

On May 31, 2020, at around 18:17:17, the Defendant driven a D-solided car under the influence of alcohol concentration of 0.052% from the front of the C-cafeteria located in the Net City B to the front of the B-softed T-Road of the same Si B-si.

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 situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions in the judgment: Criminal history records, references to investigation (A), three copies of summary order (including two times before June 1, 2006), three copies of summary order (including previous records on June 1, 2006), and application of one of the statutes applicable to the judgment;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution)

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

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