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(영문) 광주지방법원 해남지원 2021.01.07 2020고단302
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 10, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the support of the Gwangju District Court in the Southern Sea.

[Criminal facts] On July 19, 2020, the Defendant driven approximately 15 kilometers from the front side of the Southerndo apartment unit B to the front side of the same military apartment unit C, while under the influence of alcohol content of around 03:50 on July 19, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. Voluntary submission and verification of blood collection, a protocol of seizure, and a list of seizure;

1. A report on investigation (including an appraisal report as a result of a request for appraisal) and an appraisal attached thereto;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, investigation report (in violation of Article 44 (1) of the Road Traffic Act), application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the provision of community service order and the order to attend lectures is not very good for the crime to be committed at any time due to the act of spreading the risk of causing human life, and the voice of our society demanding strong punishment is high.

The defendant is a person who has been punished for drinking once in the past.

Nevertheless, the risk of drinking driving has not been closed and the driving of drinking again brings about serious danger to the safety of the general public.

At the time, the defendant's blood alcohol concentration in the blood of the defendant seems to be significant.

However, it seems that the defendant shows the attitude of wrong and pening the defendant.

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