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(영문) 광주지방법원순천지원 2020.11.13 2020고단1233
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 January 10, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On April 8, 2020, the Defendant driven Drocketing car at approximately 700 meters from the Do in front of the B apartment to C, while under the influence of alcohol of 0.068% of blood alcohol level 0.068%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal history records, etc., an inquiry report, an investigation report (Attachment to the previous records and a summary order), and application of Acts and subordinate statutes of three copies of the 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 on the suspension of execution (including the fact that there is no previous penalty exceeding a fine for negligence and no previous crime after 2013, the blood alcohol density, the driving distance, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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