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(영문) 광주지방법원순천지원 2020.10.22 2020고단1646
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 September 8, 2010, the defendant was sentenced to imprisonment for four months for violation of the Road Traffic Act in the pure support of the Gwangju District Court on September 8, 2010, and the same electricity has been totaled of eight times.

On June 24, 2020, at around 20:55, the Defendant driven a DKache II car with blood alcohol concentration of 0.227% while under the influence of alcohol on the front side of C at a leisure time.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the state of driving under the influence of alcohol, the report on the state of driving under the influence of alcohol, and the inspection results of the control of drinking under the Act;

1. Previous records of judgment: Application of each of the criminal records, references to criminal records, investigation reports (Attachment to the records of the same kind of suspect), written judgments, and other 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (Consideration of the aforementioned circumstances and the fact that a considerable period has elapsed from November 20, 2012, which was punished for driving under the influence of alcohol)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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