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(영문) 광주지방법원 2019.10.31 2019고단2761
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 June 19, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving). On October 25, 2011, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 29, 2019, at around 00:01, the Defendant driven Dworka car at approximately 1 km from the front side of the sub-section in Echeon-si, 0.171% of blood alcohol concentration. From the front side of the sub-section in Echeon-si to the front side of the C Licensed Real Estate Agents in Echeon-si, the Defendant driven Dworka car at approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation reports (Attachment of the same criminal records and summary order)-related 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. 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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