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(영문) 광주지방법원 순천지원 2020.01.30 2019고단2413
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 August 31, 2009, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act, in the Gwangju District Court’s Netcheon Branch on August 31, 2009, and a summary order of KRW 700,000 as a fine in the same court on September 22, 2009.

On September 18, 2019, at around 22:50, the Defendant driven a C low-est car under the influence of alcohol with approximately 5km alcohol concentration of about 0.128% from the 5km section to the road before the X-ray in the same city-based city-based empnding.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. According to the amendments to the grounds for sentencing under Article 62-2 of the Criminal Act, the statutory punishment strengthened by the Road Traffic Act, the same criminal records of the defendant, the time interval with the previous drinking driving force of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the case, whether the accident occurred, whether the defendant's driving distance, whether the defendant's family relation is against the defendant, etc., shall be determined by comprehensively taking account of the various sentencing conditions

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