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(영문) 광주지방법원 순천지원 2020.07.23 2019고단2594
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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 April 5, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court's net support.

On September 13, 2019, at around 02:55, the Defendant driven a Fpoter II truck with approximately 200 meters alcohol level 0.199% under the influence of alcohol level from around 200 meters to the front road of E, located on the front road of the B of Bosung-gun.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A table for a request for appraisal;

1. Previous records of judgment: Application of criminal records, reply reports, and one copy of 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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1,

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

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