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(영문) 광주지방법원 2020.01.16 2019고단4108
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 February 8, 2013, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 25, 2019, at around 22:45, the Defendant driven a DNA vehicle with a blood alcohol content of about 0.149% in the section of about 3 km from the roads near the Yangsan Residents' Center located in the Yangsan-dong in Gwangju Northern-gu to the roads near the G University located in Gwangjubuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous conviction: Application of a summary order of 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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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