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(영문) 광주지방법원 2019.11.28 2019고단3238
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 December 5, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving). On April 22, 2013, the Defendant received a summary order of KRW 1.5 million from the same court as the same crime.

【Criminal Facts】

Around 05:50 on August 9, 2019, the Defendant driven a D golfBM vehicle from the section of about 50km to the road located at the 146km of the Honam Highway located in the front side of the Gwangju Mine-gu B apartment Cdong to the 0.081% alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes, such as a copy of summary order;

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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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