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(영문) 광주지방법원 순천지원 2020.06.05 2020고단72
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 January 7, 2014, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on January 7, 201, and was sentenced to six months of imprisonment with labor for the same crime in the same court on December 14, 2007.

At around 04:30 on December 19, 2019, the Defendant driven a DNA-type car in the state of alcohol alcohol content of about 5km from the front of the main station in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the road of the rest area of C (Secheon-gun) located in the Masan-gun, Masan-gun, Seoul, to the road of the rest area of C (Secheon-gun).

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. 112 reported case handling table;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;

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. Article 62 (1) of the Criminal Act on the suspension of execution (limited to previous cases, but not previous cases of fines once after 2007, including the fact that there is no previous case of fines, and the degree of blood alcohol concentration);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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