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(영문) 광주지방법원 순천지원 2020.05.27 2019고단3247
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

On January 10, 2012, the Defendant received a summary order of 2,500,000 won for a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on January 10, 201, and a summary order of 1,50,000 won for the same crime in the same court on March 4, 2008.

On December 5, 2019, at around 20:50, the Defendant driven a F F food car under the influence of alcohol content of 0.051% while under the influence of alcohol, from the front of the road in Friman City B to the front of the Eri Authority located in D in the same city.

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 the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related 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 (limited to previous and two times a fine in the past, in consideration of the fact that no previous record exists, other than the fine in the past two times a fine, degree of blood alcohol concentration, driving distance, circumstances, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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