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(영문) 광주지방법원 2020.01.09 2019고단4417
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

[criminal power] On February 26, 2010, the Defendant issued a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on February 26, 201, and a fine of KRW 1.5 million as a violation of the Road Traffic Act at the same court on January 7, 201, respectively.

【Criminal Facts】

On October 13, 2019, while under the influence of alcohol 0.127% on blood alcohol level around 22:08, the Defendant driven a vehicle B in approximately 7km section from the roads adjacent to the Hong forest bridge located in the Dong-dong in Gwangju-gu, Gwangju to the new widththrology in front of the missionary road in the Dong-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes of a 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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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