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(영문) 광주지방법원 순천지원 2020.05.14 2019고단2914
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

On March 10, 2011, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On November 20, 2019, at around 01:00, the Defendant driven a Fpoter freight at a level of about 1k alcohol concentration of about 0.080% from the front side of Fpoter, which was under the influence of alcohol, from around 01:00 to the front parking lot of D apartment E-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment of the previous and summary order), application 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2011Do1448, Apr. 21, 201; Supreme Court Decision 201Do1448, Apr. 21, 201; Supreme Court Decision 201Do139, Apr. 2, 201; Decision 200

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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