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(영문) 광주지방법원순천지원 2020.12.17 2020고단1315
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine for violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On May 1, 2020, at around 16:15, the Defendant driven D New Franchise XG car while under the influence of alcohol concentration of 0.251% on the front of C, located in Jeonsung-gun, Jeonsung-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration (defluence) at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (including the records of being sentenced to a fine for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.; and (c)

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