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(영문) 광주지방법원 목포지원 2020.02.14 2019고단769
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 August 5, 2011, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act, and a fine of KRW 2 million for a violation of the Road Traffic Act in the same court on June 25, 2013.

Nevertheless, at around 20:30 on June 30, 2019, the Defendant driven a e-car in the state of alcohol alcohol concentration of about 0.193% in the section of approximately 30km from the Do in front of the Do in the Do in the Do in the Sinpo City of Supo City to the front road of the D cafeteria in the Gunpo City of Supo City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who has violated the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident, on-site photographs, and on-site survey report;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of two Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished twice due to drinking driving, repeated drinking driving.

In light of the criminal power, the degree of drinking driving, the social danger of drinking driving and the purport of the revision of the Road Traffic Act, etc., it is necessary to strictly punish the defendant.

However, in addition to the above punishment power, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments, including the fact that the defendant has no other criminal records except the above punishment power, and that the defendant reflects the defendant's wrongness, such as the age, character and conduct, environment,

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