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(영문) 광주지방법원순천지원 2020.09.17 2020고단52
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 11, 2011, the Defendant was sentenced to a fine of 1.5 million won by the Gwangju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 23, 2019, at around 21:05, the Defendant driven an E rocketing car in the state of alcohol of about 0.111% of blood alcohol concentration at approximately 100 meters from the front of the cafeteria to the front of the “D” road located in the Geumcheon-si Geumcheon-si Geumcheon-si Park.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, character and behavior; (c) the Defendant’s character and environment; and (d) his previous conviction (the same shall have the records of being fined twice due to the same kind of crime); (c) the degree of blood alcohol at the time of driving; and (d) the distance of drunk driving;

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