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(영문) 광주지방법원 순천지원 2020.06.11 2019고단3070
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 27, 2017, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support.

【Criminal Facts】

On November 27, 2019, around 18:00, the Defendant driven a 1 ton cargo vehicle Ewn, E, while under the influence of alcohol leveling 0.236% from the Do in front of the C cafeteria located in the Net City B to the C Do in front of the D Do in the net City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Before ruling: Criminal history records, etc. inquiry report, investigation report (Attachment to the previous one and summary order, etc.), and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of penalty, 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 reasons for sentencing under Article 62-2 of the Probation Criminal Act, including the Defendant’s age, character and conduct, environment, previous conviction (no previous conviction exceeding a fine), motive and background of the offense, degree of blood alcohol at the time of driving (including the state of drinking exceeding 0.2%), the distance of drunk driving, and the circumstances after the offense, etc., shall be determined as ordered by taking full account of all the factors of sentencing as shown in the trial process of the instant case.

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