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(영문) 광주지방법원 목포지원 2020.06.09 2019고단978
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 January 8, 2013, the Defendant was notified of a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (driving) in the Gwangju District Court’s wooden branch on January 8, 201.

【Criminal Facts】

On February 21, 2019, around 23:00, the Defendant driven a F-hurged car at approximately KRW 600 meters away from the section of “C” located in Sinpo City B to the front of “E” located in D, with a blood alcohol concentration of approximately 0.199% under the influence of alcohol.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry report on the control of driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records: Application of criminal records and other inquiries, and summary order-related Acts and subordinate statutes in the Gwangju District Court Regulation 2012 High Court Decision 4597;

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. Unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act, in which statutory punishment is increased, there is a need to strict punishment for the crime of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, the defendant has a history of drinking driving once, the defendant has a high drinking driving ability, high drinking level, high favorable circumstances: recognized a mistake, there is no criminal record, there is no distance of movement, and there is no distance of movement, and all the conditions of sentencing shown in the arguments and records, such as the defendant's age, character and behavior, environment, family relationship

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