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(영문) 광주지방법원목포지원 2020.09.17 2020고단388
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 became final and conclusive.

Reasons

Punishment of the crime

On July 27, 2010, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court, and a summary order of KRW 1.5 million for the same crime in the same court on August 13, 2013, respectively.

Nevertheless, at around 22:00 on March 3, 2020, the Defendant driven a sports vehicle B in the state of alcohol alcohol leveling 0.119% from the 7km section of approximately 7km from the front day of the arrival of the supervision at the front day of the Sinan-gun, Nanan-gun, Nanannam-gun to the roads of the same Eup/Myeonn-ri in the same Eup/Myeonn-ri distance.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, report on the investigation (report on the status of the driver under the influence of alcohol, and notification of the results of

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the suspended sentence under Article 62(1) of the Criminal Act was imposed twice due to the drinking alcohol driving on the grounds of the sentencing, the nature of the crime is not that of the drinking alcohol driving once again. However, there is no punishment heavier than the fine so far and there is no punishment imposed after 2013 due to drinking driving, and there is no other punishment imposed after 2013. In addition, the execution of the sentence shall be suspended only once in consideration of the age, environment, and circumstances after the criminal defendant's age.

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