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(영문) 광주지방법원 2020.09.10 2020고단2779
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

[criminal power] On September 28, 2012, the Defendant received, respectively, a summary order of KRW 4 million from the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on January 29, 2014 for the same crime.

【Criminal Facts】

On May 23, 2020, at around 22:18, the Defendant driven a DNA car with approximately 500 meters alcohol concentration of 0.112% while under the influence of alcohol in the section of about 500 meters from the roads near the Northbuk-gu, Gwangju to the roads in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous conviction: Application of a copy of summary order;

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, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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