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(영문) 광주지방법원목포지원 2020.08.11 2020고단199
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 April 14, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the application of the Gwangju District Court for the wood application of the Gwangju District Court.

【Criminal Facts】

On October 13, 2019, around 22:01, the Defendant driven a DNA-coo car in the state of alcohol alcohol concentration of about 0.108% at approximately 5 km from the Do in front of the Sinpo City B market to the roads front of the Gunpo City in the same city.

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. The circumstantial report of a drinking driver, the report on the circumstances of a drinking driver, the investigation report, the inquiry report (report on the circumstances of a drinking driver), the inquiry into the results of the crackdown on drinking, and on-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same type of crime records), and application of Acts and subordinate statutes of one copy of summary order;

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. Reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: Social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the circumstances that are advantageously recognized that the act of drunk driving is seriously needed: In light of the fact that there is no record of the crime exceeding the fine, and other factors of sentencing as shown in the records and arguments including the degree of punishment of the defendant, such as the age, character and conduct, environment, family relationship, and circumstances after the crime; and

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