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(영문) 광주지방법원 2019.10.31 2019고단2682
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On February 12, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts” around 17:53 on July 7, 2019, the Defendant driven a DM3 car at approximately 10km from the front side of the Nam-gu, Gwangju to the front road of the Naju City from the Naju City, while under the influence of alcohol by 0.150%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (application of the Tramark Official Form);

1. Previous convictions in judgment: Application of investigation reports (limited to criminal records of the same kind and attachment of judgment);

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. The sentencing of Article 62-2 of the Criminal Act requires the following comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the health condition of the defendant, and the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case.

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