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(영문) 광주지방법원 순천지원 2021.01.22 2020고단2078
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on October 6, 2015.

On July 19, 2020, the Defendant, via Cu convenience points where it is difficult to identify the specific address of the time zone from the 10:30-si B Studio to the above B Studio, once again, driven a C bargaining car under the influence of alcohol level of about 600 meters from the 0.145% alcohol level to the road before the above B Studio.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (the application of the above dmark formula);

1. Photographs (measurement of the body of the principal and the suspect);

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts, the choice of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant acknowledges and reflects the error, the fact that there is no previous conviction other than the fine once in the past, economic situation,

1. An order to attend a course under Article 62-2 of the Criminal Act;

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