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(영문) 광주지방법원순천지원 2020.10.07 2020고단845
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On July 26, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on July 26, 201.

At around 20:30 on March 24, 2020, the Defendant driven a Daco car under the influence of alcohol level of about 0.068% in a section of about 300 meters from the Do in front of a cafeteria located in the Geumcheon-si gold Zone to the front road in the same city B.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (criminal record before sound driving) - 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order under the influence of alcohol again is negative even though the defendant had a history of criminal punishment due to drinking driving.

However, under the circumstances such as the defendant's attitude to reflect his mistake in depth, and the fact that the defendant is expected not to drive drinking again, the defendant's age, character, environment, criminal records, criminal records, the circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by taking account of various sentencing conditions as shown in the records.

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