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(영문) 광주지방법원 순천지원 2020.02.06 2019고단2492
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 August 21, 2018, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

At around 18:20 on September 8, 2019, the Defendant driven an Egymn vehicle under the influence of alcohol content of about 0.075% from the 20-meter section to the same apartment Ddong parking lot from the Gyang-si B apartment Cdong parking lot to the same apartment Ddong parking lot.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. According to the amendments to the grounds for sentencing under Article 62-2 of the Criminal Act, the statutory punishment strengthened by the Road Traffic Act, the same criminal records of the defendant, the time interval with the previous drinking driving force of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the case, whether the accident occurred, whether the defendant's driving distance, whether the defendant's family relation is against the defendant, etc., shall be determined by comprehensively taking account of the various sentencing conditions

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