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(영문) 광주지방법원목포지원 2020.10.13 2020고단529
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 Records] On May 3, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Central District Court as a violation of the Road Traffic Act (driving).

[Criminal Facts] The Defendant was a person with alcohol driving skills, and was driving Cn while under the influence of alcohol with a blood alcohol concentration of 0.068% at a section of approximately 1-2 meters, in order to park again a vehicle parked on the road B at a wooden city around March 31, 2020 and around 01:25.

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

Summary of Evidence

1. Legal statement, report on the occurrence of a traffic accident, report on the traffic accident (1), (2), and examination of the accident site by a defendant;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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: Social danger of drunk driving and the purpose of the revision of the Road Traffic Act to which statutory punishment is raised, the circumstances that are favorable to the necessity of strict punishment for the act of drunk driving is against mistake: The fact that there are no other criminal records except the records of the crime under influence driving in the judgment, circumstances that may be considered in the course of the crime exist, and other factors that include the degree of driving, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the conditions of sentencing as shown in the arguments;

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