(영문) 광주지방법원 2020.02.05 2019고단5172

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.02.05 2019고단5172

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On March 9, 2007, the defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On October 26, 2019, at around 22:05, the Defendant driven a motor vehicle with D with blood alcohol content of about 0.204% so that he/she can move from the front of the 5,18 Park in Seo-gu, Seo-gu, Gwangju to the Cmatet located in Gwangjubuk-gu, about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of the criminal records and the summary order of two copies of the Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was punished for a drunk driving in 2007, but again run the instant drunk driving, the blood alcohol concentration (0.204%) was very high, and the sentence of imprisonment is to be imposed on the grounds that there are no extenuating circumstances as to the circumstances of the drunk driving.

However, the execution of sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, shall be postponed by comprehensively taking into account the following: (a) there is no history of punishment exceeding a fine; (b) the record of the punishment for drunk driving and the interval between time and the instant crime is about 12 years; and (c) there is no history of punishment for

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