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(영문) 광주지방법원 장흥지원 2020.06.11 2020고단63
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's support for interest in Gwangju District Court on June 27, 2014, and a summary order of two million won for the same crime in the same court on August 26, 2003.

Criminal facts

On March 14, 2020, at around 21:01, the Defendant driven C Poter truck under the influence of alcohol leveling 0.084% of alcohol level from the section of approximately 15 km to the roads in front of the building in the same military, from the fluoral surface (hereinafter referred to as the “FO”) in the C Poter truck.

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 statements of a drinking driver, and report on the control of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.

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