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(영문) 광주지방법원 2021.01.20 2020고단5711
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 9, 2018, the Defendant was issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on February 9, 201.

[2] On November 3, 2020, around 22:57, the Defendant: (a) operated a DNA cruise car under the influence of alcohol leveling 0.196% from the 1km section to the National Health Insurance Examination Evaluation Institute located in the Masan-dong in Gwangju Mine-gu, Gwangju; (b) on November 3, 2020, the Defendant violated Article 44(1) of the Road Traffic Act two times or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Reduction of amount under Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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