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(영문) 광주지방법원 장흥지원 2019.10.31 2019고단164
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 7, 2016, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s support for the promotion of the head of Gwangju District Court.

【Criminal Facts】

On July 15, 2019, at around 10:10, the Defendant driven a GEAV 125 motorcycle while under the influence of alcohol from the 12km section to the 0.127% alcohol concentration on the roads in front of the D Association located in the same military E, via the roads in front of the D Association located in the same military E, the Defendant driven the GEAV 125 motorcycle.

Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (Attachment to previous records and copies of summary orders);

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is a crime that may inflict a great harm on unspecified persons, and its social risk is considerably high, blood alcohol level is 0.127%, the occurrence of a traffic accident causing physical damage by a defendant's act of drinking driving, which led to the occurrence of a traffic accident. Accordingly, the defendant himself/herself has suffered a significant injury, the defendant again drives a drinking without being aware of his/her past record of punishment due to drinking driving, the fact that the defendant recognized the crime of this case, the fact that the defendant is against the recognition of the crime of this case, the circumstances leading up to the drinking driving, the distance and place of the crime of this case, the circumstance leading up to the crackdown on the crime of this case, the defendant's age, character and behavior, the environment, the motive and consequence of the crime, and the circumstances after the crime, etc. shall be determined as

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