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(영문) 광주지방법원순천지원 2020.11.25 2020고단1789
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

On August 25, 2009, the Defendant was notified of a summary order of a fine of KRW 3.5 million for the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

At around 18:55 on April 6, 2020, the Defendant driven an Epoter cpip flobing truck, under the influence of alcohol leveling 0.182%, from the front of the “C” road located in Mineyang-si B to the front of the same City 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. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. A report on internal investigation (with regard to details of control, etc.);

1. Evidence photographs;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of each 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine for negligence and there is no previous offense after 209, and the fact that a vehicle is scrapped and does not repeat a crime);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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