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(영문) 광주지방법원 순천지원 2021.03.04 2020고단2939
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on May 13, 2008, and a summary order of KRW 4 million for the same crime in the same support on May 24, 2010, respectively.

On November 8, 2020, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.091% from the 1 Km section from the public parking lot in front of C to the front road in D, at F.M. on November 8, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol (2020-6 - 1804-501059);

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A), Gwangju District Court Order 2010 Highly approximately 5335 Highly, 1 copy of the Summary Order 1, Gwangju District Court Order 2008 Highly 4235 Highly Highly 4235

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 2

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

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