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(영문) 광주지방법원장흥지원 2020.10.22 2020고단152
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 24, 2010, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court.

【Criminal Facts】

around 20:03 on May 28, 2020, the Defendant operated D cargo vehicles under the influence of alcohol content 0.045%, with approximately KRW 1 km from May 28, 2020 to March 3, 200.

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. Report on the circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Before ruling: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.

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