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(영문) 광주지방법원 2020.03.26 2019고단5294
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 May 16, 2013, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

At around 06:30 on November 29, 2019, the Defendant driven DK5 automobiles from approximately 100 meters to C, located in Gwangju Mine-gu, in the mutual influence of 0.076% of alcohol content.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (in case of an investigation report applied with the Madmark Official Form);

1. Previous conviction: Application of Acts and subordinate statutes 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;

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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