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(영문) 광주지방법원 순천지원 2020.05.28 2020고단677
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 October 6, 2009, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 14, 2020, at around 23:19, the Defendant driven a B-E motor vehicle under the influence of alcohol leveling to 0.070% of blood alcohol concentration at the section of approximately 2 km from 2km to the road in front of the 1,000 21,000 Yacheon-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous convictions indicated in judgment: Application of criminal history records, probationary records, investigation reports, 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (see, e.g., circumstances in the preceding and the fact that there is no criminal record exceeding the fine) ;

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

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