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(영문) 광주지방법원 2021.01.28 2020고단5762
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:20 on October 23, 2020, the Defendant driven a Frostsch Rexroth car under the influence of alcohol concentration of about 20 meters from the front road in Gwangju Northern-gu C to the front road in D front E, with approximately 0.203% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on report on the circumstances of the driver involved in a response to appraisal;

1. Relevant legal provisions and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (recogncy of the above circumstances) is serious and the social harm caused by driving under the influence of alcohol needs to be strictly punished.

The defendant has a record of being punished once due to drinking driving, and the alcohol concentration in blood is also 0.203%.

In the course of drinking driving, traffic accidents (limited to physical damage) have occurred.

However, taking into account the fact that the Defendant recognized his mistake and did not repeat the crime, the fact that there is a relatively large interval between the day of drinking driving and the day of the instant crime, etc., the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing indicated in the instant pleadings, such as the circumstances after the commission of the crime, shall be determined by taking into account the following factors:

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