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(영문) 광주지방법원 2020.11.05 2020고단4646
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

On October 10, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On July 24, 2020, at around 22:25, the Defendant driven a B Sti-type car under the influence of alcohol with approximately 0.070% blood alcohol concentration from the uppermost of the Korean power located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the end of the monthly frame located in the Nam-gu, Nam-gu.

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes attached to a 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 period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.

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