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(영문) 광주지방법원순천지원 2020.11.18 2020고단1497
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

[criminal power] On March 20, 2009, the Defendant was issued a summary order of KRW 700,000,000,000,000,000 from the Gwangju District Court's Netcheon Branch on October 16, 2013 and fine of KRW 4 million on October 10, 2016 as the same crime, respectively.

【Criminal Facts】

On June 15, 2020, at around 21:33, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of about 0.076% at approximately 500 meters from the front of C, which is located in Net City B, to the front of E, located in Net City D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine for negligence, the fact that a vehicle is transferred to another person and does not repeat again, the degree of blood alcohol concentration, driving distance, etc.);

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

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