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(영문) 광주지방법원목포지원 2020.09.22 2020고단816
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 28, 2006, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On May 24, 2020, around 02:12, the Defendant driven a E-high-est car in the state of alcohol alcohol concentration of about 0.225% from the 1km section from the front road of the C cafeteria located in Sinpo City B to the front road of the Mapo City D Building, which is the place where the Defendant was exposed.

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 circumstances of driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, investigation report, voluntary submission (report on the circumstance of a driver under the influence of alcohol), confirmation letter, inquiry into the results of the crackdown on driving under the influence of alcohol, seizure records, list of seizure, notification of the results of crackdown on driving under the influence of alcohol, circumstantial report, request for appraisal of blood alcohol concentration, request for appraisal and response to requests for appraisal;

1. Previous records: Criminal records and other inquiries, investigation reports (verification of suspect's records of punishment for drunk driving), and application of a copy of summary order Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: Social danger of drunk driving and the purpose of the revision of the Road Traffic Act to which statutory penalty is raised, the circumstances that are favorable to the necessity of strict punishment for the act of drunk driving in light of the above-mentioned social danger and the purport of the revision of the Road Traffic Act: Considering all the factors of sentencing as shown in the records and arguments, including the degree of drinking behavior of the defendant, character and conduct, environment

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