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(영문) 광주지방법원 2020.11.26 2020고단4540
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 26, 2014, the Defendant is a person who was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 14, 2020, at around 06:16:16, the Defendant driven a frane car at a section of about 100 meters from the front of the North-gu Seoul Northern District B to the front of the E located in the same Gu, while under the influence of alcohol content of 0.183%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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