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(영문) 광주지방법원목포지원 2020.10.13 2020고단463
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On February 8, 2017, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at a wooden branch of the Gwangju District Court on February 8, 2017.

【Criminal Facts】

On March 29, 2020, the Defendant driven an Epic vehicle under the influence of alcohol of about 0.215% with a blood alcohol concentration of about 2 km from the Do in front of the Sinpo City B market to the roads in front of the Dpic conference located in the same city C.

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 circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, investigation report, notification on the results of the crackdown on driving under the influence of alcohol, on-site photographs, and report processing records of 112 reported cases;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same criminal records after 2006), and application of a summary order under 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, there is a need to strictize the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, circumstances that are very favorable to taking into consideration the fact that there is no excess criminal records of fines exceeding the amount of fine, and all the conditions of sentencing as shown in the records and arguments such as

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