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(영문) 광주지방법원목포지원 2020.10.27 2020고단979
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 March 19, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

At around 21:00 on June 24, 2020, the Defendant driven CK9 car under the influence of alcohol with approximately 0.047% alcohol concentration at approximately 10km from the 10km section to the 1256-distance of the map Eup as a military cancellation map from the front of the Do in New-gun, New-nam Village B. The Defendant driven CK9 car in the influence of alcohol.

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 situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act increased by statutory penalty, strict punishment is needed for the act of drunk driving, circumstances favorable to the point of having the same kind of power: Recognizing errors and reflects the fact that there is no record of crime exceeding the fine, that there is no record of crime exceeding the fine, that the blood alcohol concentration is not high, and other factors of sentencing as shown in the records and arguments such as the defendant's age, character and behavior, environment

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