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(영문) 광주지방법원 순천지원 2020.01.16 2019고단2120
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 22, 2009, the Defendant was issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million for the same crime in the same court on January 2, 2012, respectively.

On August 29, 2019, at around 20:10, the Defendant driven a fluent car with the blood alcohol concentration of about 0.141% in a section of about 100 meters from the front to the D apartment E-dong parking lot located in D apartment E-dong, which was driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act: The defendant's criminal records (the existence and frequency of the same kind of force, interval with the same kind of force, etc.); the nature of the crime in this case; the degree of the defendant's blood alcohol concentration at the time of driving of this case; the circumstances leading up to the crime and the details leading up to the control (accident, report, etc.); the defendant's reflectivity; family relation, etc.; and various sentencing conditions specified in the records and arguments of this case shall be determined

It is so decided as per Disposition for the above reasons.

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