(영문) 광주지방법원 2020.10.15 2020고단4094

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(영문) 광주지방법원 2020.10.15 2020고단4094

도로교통법위반(음주운전)

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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

On October 30, 2006, the Defendant was issued a summary order of KRW 1.5 million at the Gwangju District Court as a fine for a violation of the Road Traffic Act ( sound driving), and on April 6, 2018, as a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving).

On July 27, 2020, the Defendant, while under the influence of alcohol on 0.125% of blood alcohol level on July 19:20, 202, driven a DPoter II truck over a approximately seven km section from the front side of the Gero-Gun Gromo-gun B Ga, to the front side of the Southern Gero-gun C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of a summary order of the same kind of power attached) including criminal records, etc.;

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 period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.

참조조문

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