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(영문) 광주지방법원 2020.04.02 2019고단4631
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

[Criminal Power] On February 11, 2008, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On October 29, 2019, at around 01:57, the Defendant driven an E Costaex drive in the state of alcohol of approximately 1.1m alcohol concentration of approximately 0.102% from the 1.1m section from the 201:57 North-gu, Gwangju B apartment road to the front road of the D Association's shop located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation reports (verification of the same kind of drinking power)-related Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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