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(영문) 광주지방법원 2020.11.26 2020고단4534
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 November 30, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 30, 201.

【Criminal Facts】

On July 24, 2020, the Defendant driven the Bcopic car at approximately 1 km from the front side of the fire in the Yansan-dong in Gwangju Mine to the front side of the Health Insurance Review & Assessment Agency located in the 210th century, under the influence of alcohol by 0.109% of the blood alcohol concentration at around 21:57.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: Application of investigation reports (verification of the same kind of power and attachment of the relevant written judgments) and other 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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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