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(영문) 광주지방법원목포지원 2020.09.22 2020고단763
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 25, 2006, the Defendant was issued a fine of 500,000 won by the Gwangju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 10, 2020, at around 04:14, the Defendant driven C Poter in a section of about 8km from the front side of the Panananan-gun, the Sinan-gun, which is located in Panan-gun, Panan-gun, in the state of alcohol concentration of 0.10%.

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. Report on detection of the violation of the Road Traffic Act, report on the circumstances of the driving of a motor vehicle, report on the situation of the driver of the motor vehicle, investigation report, notification on the results of the control of the driving of the motor vehicle, notification on the results of the control of the driving of the motor vehicle, details of the report on detection of the motor vehicle, and investigation report (grounds for

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (one time of criminal suspect's same kind of power - attachment of 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: light of the social risk of drunk driving and the purpose of the revision of the Road Traffic Act increased by statutory penalty, there is a need to strictize the act of drunk driving, circumstances favorable to the point that there is a same kind of force: it reflects the mistake, and there is no record of criminal punishment other than the record of drunk driving, and taking into account all the factors of sentencing as shown in the records and arguments including the degree of drinking, character and behavior, environment, circumstances after the crime, etc.

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