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(영문) 광주지방법원순천지원 2020.10.15 2020고단312
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support.

【Criminal Facts】

On January 19, 2020, the Defendant driven a Frocketing car at a level of about 100 meters from the Do in front of C in the instant city to E in front of D in the same city, while under the influence of alcohol of 0.089% of blood alcohol level 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. inquiry inquiry reports and application of each summary order Acts and subordinate statutes;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, character and conduct; (c) character and conduct; (d) the Defendant’s previous conviction (which has been sentenced twice to a fine for the same kind of crime); (c) the distance of drinking driving; and (d) the circumstances after committing

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