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(영문) 광주지방법원순천지원 2020.10.28 2020고단390
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 July 18, 201, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts of Crimes】 On December 5, 2019, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.063% from the 20-meter section from the front of the C alcohol house to the front of the D apartment on the road located in Mayang-si B.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);

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 on the suspension of execution (not less than three times a fine, but not less than the previous one after 201, taking into account the fact that no previous one exists, the degree of blood alcohol concentration, driving distance, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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