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(영문) 광주지방법원 장흥지원 2020.04.23 2020고단1
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 21, 2012, the Defendant was sentenced to a summary order of KRW 4 million in the Jeonju District Court's Southern Branch's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's other crime on September 25, 2014, and a fine of KRW 7 million in the Gwangju District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's order on November 24, 2016

Nevertheless, at around 21:35 on December 3, 2019, the Defendant driven a sports cargo vehicle in Eco, while under the influence of alcohol concentration of about 0.111% from the 700-meter section from the front road of Cju to Down-gun, Gangnam-gun.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the control results of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the judgment, etc. of the same kind of case);

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. In view of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation increases citizens’ risk to traffic safety, and the necessity of strict punishment is high, the driving division is five times before and after the suspension of the execution of the sentence, it is necessary to have the defendant give a firm opportunity for compliance driving by sentencing in the instant case. The defendant's perception of his mistake is seriously against the defendant. The defendant's criminal records, the criminal records of the instant crime, the nature and risk of the instant crime, the background and degree of the instant crime, the defendant's family relationship, the health status, and the possibility of recidivism, and the various sentencing conditions indicated in the instant records and arguments shall be comprehensively considered.

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