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(영문) 광주지방법원 2020.08.27 2020고단3096
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 2 million at the Gwangju District Court on March 5, 2018, and KRW 3 million on September 16, 2015, respectively.

On May 9, 2020, at around 01:10, the Defendant driven a F Uidi vehicle while under influence of about 0.112% alcohol concentration at approximately 200 meters from the front road in Seo-gu, Gwangju to the front road in Seo-gu, Gwangju to the front road in Seo-gu, Gwangju.

Summary of Evidence

1. The defendant's legal statement G and a statement of H;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports (the records punished for driving under the influence of a suspect), Gwangju District Court Decision 2020 Godan1879, and the results of searching the contents of the case in B;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Taking into account the following circumstances: (a) the Defendant could have the same criminal records due to drinking driving on a short term, the Defendant repeats the crime of drinking driving through a short term; and (b) the Defendant again commits the instant crime even though he/she is under criminal trial due to drinking driving, it is inevitable to choose a sentence of imprisonment.

In this context, all of the sentencing conditions shown in the records and arguments, such as blood alcohol concentration at the time of the instant crime, the background leading up to the drunk driving, the distance and place during which a drunk driving was conducted, the age, character and conduct of the Defendant, and the circumstances before and after the instant crime, shall be determined as ordered.

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