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(영문) 광주지방법원 순천지원 2020.06.26 2020고단193
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On June 28, 2007, the defendant was issued a summary order of one million won or more due to a violation of the Road Traffic Act in the Gwangju District Court's net order support.

On October 18, 2019, at around 17:15, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.20% from the 1.3km section from the Mayang-si B market to the front road of the C building.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Investigation report (the blood alcohol concentration applicable to the Bamark formula);

1. Reports on internal investigation and internal photographs of the suspect's residence;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of summary order 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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act,

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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