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(영문) 광주지방법원 2020.05.14 2019고단5305
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:40 on December 2, 2019, the Defendant driven a FLsta car at approximately KRW 300 meters from the roads front to the roads front of the E Union located in Yong-gun, Namnam-gun, while under the influence of alcohol of 0.11% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant does not violate Article 44(1) of the Road Traffic Act on more than two occasions, but there is a past record of being punished for driving under the influence of alcohol prior to the enforcement of the Road Traffic Act, and in addition, there is little intent to observe the law, such as having a record of being punished for multiple crimes, and since the amount of drinking alcohol in this case is not lowered, the defendant is sentenced to imprisonment.

However, in light of the circumstances that may be considered in light of the circumstances such as the fact that the above drunk driving criminal record and the date of the instant crime are high time interval and the Defendant’s mistake is pened later, the amount of punishment shall be set within the scope of the applicable punishment and the suspension of execution of the punishment shall be determined as the same as the order.

(No compliance driving lecture shall be ordered in consideration of sentencing factors favorable to the defendant).

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