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(영문) 광주지방법원 2020.11.05 2020고단3156
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

Punishment of the crime

[Criminal Power] On February 12, 2013, the Defendant received a summary order of KRW 1 million from the Gwangju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 15, 2020, at around 22:10, the Defendant driven a FK9 car under the influence of alcohol concentration of about 0.098% from the section of the section of the section of 500 to the road located in Gwangju Mine-gu, from the road near C Hospital located in Gwangju Mine-gu, to the preceding road located in E in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal of the circumstantial statement report to the host driver;

1. Previous conviction: Application of summary order Acts and subordinate statutes to the Gwangju District Court 2013 High Court 587;

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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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