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(영문) 광주지방법원 해남지원 2021.01.21 2020고단114
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 28, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving in Drinking) at the Goyang Branch of the Jung-gu District Court on November 28, 2008.

[2] On March 12, 2020, around 14:45, the Defendant driven C Poter Cargo with approximately KRW 0.047% alcohol level in the section of approximately 4.7km to the road before the police box box of the police station located in the front of the Defendant’s residence in Dondo, South Dondo, which was located in the front of the Defendant’s residence in Dondon-do, Dondon-ro 549, a new Dondon-ro Don-ro 549.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of a reply to inquiry, such as criminal history, report on investigation (the records of the same kind of crime as the suspect), and summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the provision of community service order and the order to attend lectures is not very good for the crime to be committed at any time due to the act of spreading the risk of causing human life, and the voice of our society demanding strong punishment is high.

The defendant is a person who has been punished for drinking twice in the past.

Nevertheless, the risk of drinking driving has not been closed and the driving of drinking again brings about serious danger to the safety of the general public.

At the time, the defendant's blood alcohol concentration in the blood of the defendant seems to be significant.

However, the defendant seems to have a wrong attitude and repent, and even if so, the risk that the defendant has caused is the third party's life or body.

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