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(영문) 광주지방법원 2019.08.29 2019고단2187
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

[criminal power] On February 12, 2016, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on February 12, 2016, and on August 23, 2017, the Defendant received a summary order of KRW 4 million for the same crime in the same court on the same day, and has the ability to punish two times or more for the same crime.

【Criminal Facts】

On May 21, 2019, at around 23:20, the Defendant driven a C-A-hurd-hurged car in the state of alcohol alcohol concentration of about 0.20% from the 3km section from the 3km-gu, Seo-gu, Gwangju to the front road of the Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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