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(영문) 광주지방법원 2020.05.28 2020고단657
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 25, 2007, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act in the Gwangju District Court, and a fine of four million won for the same crime in the same court on November 13, 2009. On April 8, 2010, the same court issued two years of suspension of the execution of six months for the same crime and three years of suspension of the execution of eight months for the same crime in the same court on October 24, 2013, respectively.

At around 18:40 on February 16, 2020, the Defendant driven a dial car at approximately 30 km from the fluoral surface to the fluoral road in Gwangju Northern-gu B from the fluoral surface to the fluoral surface of the 0.151% alcohol level while under the influence of alcohol.

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. A E-document;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, repeated statements, each summary order, and application of each statute of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., circumstances describing the reasons for sentencing below) have already been punished four times due to drunk driving. Among them, the Defendant was punished four times, and the Defendant was punished two times prior to the suspension of the execution of imprisonment. In other words, the Defendant committed the instant crime, and the instant drinking water was very high, and the instant drinking water was highly high, and the Defendant was sentenced to imprisonment. Thus, the Defendant was sentenced to imprisonment.

However, there are some extenuating circumstances for the Defendant to refrain from committing the instant crime, and there is a somewhat time gap between the Defendant’s previous conviction and the date of the instant crime, and the Defendant attempted to receive treatment for alcohol addiction by separating his fault late.

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