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(영문) 광주지방법원순천지원 2020.09.01 2020고단1339
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

On December 20, 2017, the Defendant was notified of a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

At around 15:40 on May 11, 2020, the Defendant driven a F Lasta car in the state of alcohol alcohol concentration of about 0.107% from the 30-meter section from the front of the Cju store located in D to the front of the Ecafeteria located in D.

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 situation of running a motor vehicle under the influence of alcohol;

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

1. Previous conviction in judgment: Application of one copy of a summary order, which provides criminal history records, net thousand assistance, approximately 2017 high-ranking 6163, and one copy of a summary order, which is about 202 high-level 3579, and one copy of a 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution)

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

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