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(영문) 광주지방법원 2020.11.05 2020고단4148
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 August 16, 2019, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

As above, the Defendant, while under the influence of alcohol concentration of 0.095% on June 23, 2020, was under the influence of criminal punishment for a violation of the Road Traffic Act (driving). On June 23, 2020, at around 01:35, driven a F-learning car from the front of the Gu of Gwangju Dong-gu Cschool located in Gwangju-gu, to the front road located in Gwangjubuk-gu D.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: The application of Acts and subordinate statutes to investigation reports (criminal records confirmation reports);

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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