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(영문) 광주지방법원 2020.05.21 2020고단936
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, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 26, 2020, the Defendant driven an E rocketing car from approximately 5 km to the Do-dong-gu, Gwangju, Seo-gu, 0.120% alcohol level, while under the influence of alcohol around 06:43, the Defendant driven a 0.120% alcohol level.

Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the investigative report;

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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