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(영문) 광주지방법원 순천지원 2020.06.18 2019고단3077
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 8, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch.

【Criminal Facts】

On November 26, 2019, at around 23:10, the Defendant driven FOba while under the influence of alcohol 0.244% of blood alcohol concentration at approximately 503 meters from the front of the E cafeteria located in Manyang-si B to the front of the E cafeteria located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Before ruling: Inquiry inquiries, such as criminal records, investigation reports (a copy of a summary order of the same kind as a suspect), 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. The grounds for sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, character and conduct, environment, previous conviction, motive and background of the offense, concentration of blood alcohol at the time of driving (the degree of scambling exceeding 0.2%), the distance of drunk driving, and the circumstances after the offense (the occurrence of traffic accidents as a result of drunk driving), etc., shall be comprehensively considered to determine the sentence as set forth in the Disposition.

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