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(영문) 광주지방법원 2020.05.07 2020고단559
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 January 4, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 01:00 on February 12, 2020, the Defendant driven a B observer car under the influence of alcohol concentration of approximately 3 km from the roads near the Seo-gu Yangdong-dong, Seo-gu, Gwangju to the Seoul Metropolitan City Highway Corporation prior to the Seoul Metropolitan City Highway Corporation.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation report (Attachment to summary order of the same kind of suspect's power) (limited to 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;

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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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