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(영문) 광주지방법원목포지원 2020.10.13 2020고단373
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 August 7, 2015, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On February 9, 2020, the Defendant, while under the influence of alcohol on 0.150% of blood alcohol level around 19:19, driven an Eflance car at approximately 10km section from the 10km section to the underground parking lot of Da-dong, Naman-gun, Chungcheongnam-si, Seoul.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

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 (report on the circumstances of a driver under the influence of alcohol), notification on the results of the crackdown on driving under the influence of alcohol, and notification to the department

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes applicable to one copy of judgment;

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 Criminal Act: Social danger of drunk driving and the purpose of the revision of the Road Traffic Act to which statutory penalty is raised, the circumstances that are favorable to the necessity of strict punishment for the act of drunk driving is against mistake: The fact that there is no record of crime other than the record of the crime under influence driving in the judgment, and the fact that there is no record of crime other than the record of the crime under influence driving in the judgment, taking into account all the factors such as the age, character and behavior, environment, circumstances after the

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