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(영문) 광주지방법원순천지원 2020.10.16 2020고단863
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 May 16, 2013, the Defendant was notified of a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 23, 2020, at around 16:54, the Defendant driven an Estststa car in the state of alcohol alcohol concentration of about 0.130% from the 500-meter section from the 'B market in Gwangju-si B market' to the front parking lot in the city of the same Si apartment D, while under the influence of alcohol level of about 500 meters.

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 circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a summary order of the same kind of power), and application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including a person who has no previous conviction exceeding a fine for negligence, driving distance, age, etc. of the defendant);

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

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