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(영문) 광주지방법원 순천지원 2021.03.04 2020고단1917
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 history] On March 27, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support.

[Criminal facts] On July 29, 2020, the Defendant driven B-low-income cars under the influence of alcohol level of about 0.146% in the 15km section from the front of the trade name in the new site of the Yancheon-si, Yacheon-si, Yacheon-si, the Yacheon-si, the G-si, the Hanyang-si, the Hanyang-si, the Hanyang-si, the Hanyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the former Road Traffic Act, the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) not only the Defendant’s blood alcohol concentration at the time of the instant case but also the distance of driving was relatively long; and (b) the Defendant’s age, sex, environment, criminal records (which had the history of being punished by a fine for the same type of crime), and the circumstances after the instant crime, etc., comprehensive consideration of all the sentencing factors during the trial process, such as the Defendant’s age, sex, environment, criminal records, etc

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