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(영문) 광주지방법원 목포지원 2020.06.26 2019고단1110
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 December 9, 2016, the Defendant received a summary order of a fine of three million won as a crime of violating the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On September 1, 2019, the Defendant driven a e-car from approximately 300 meters away from the front of the Mapo B apartment to the front of the D store located in the same city C, while under the influence of alcohol of 0.066% of blood alcohol concentration at around 02:47.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The circumstantial statement report, investigation report, notification of the results of the control of drinking driving, and investigation report (the confirmation of CCTV images of theG building);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of one 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is one time the history of punishment imposed on the defendant due to a drunk driving, the social danger of drunk driving and the fact that there is a need for strict punishment for the act of drunk driving in light of the purpose of the revision of the Road Traffic Act increased by the statutory penalty: The fact that there is no other criminal power than the above criminal power, and the fact that there is no other criminal force other than the above criminal power, and the sentencing conditions as shown in the records and arguments such as the defendant's age, character and behavior, environment, family relationship, conditions after the crime

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