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(영문) 광주지방법원목포지원 2020.11.24 2020고단1083
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 4, 2009, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch.

Criminal facts

On July 27, 2020, at around 21:10, the Defendant driven F Cargo Vehicles while under the influence of alcohol 0.142% of the blood alcohol concentration on the front of the road set up before the police box located in Yong-gun, Yong-gun, Young-gun, and the front of the road set up in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of crimes);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

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