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(영문) 광주지방법원 2021.03.18 2020고단6299
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 6, 2009, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating Road Traffic Act (dacting driving) at the Gwangju District Court’s Branch on January 6, 2015, and was issued a summary order of KRW 3 million as a crime of violating Road Traffic Act (dacting driving) at the Gwangju District Court on January 6, 2015.

[2] On November 26, 2020, the Defendant driven D car volume under the influence of alcohol content of 0.208% from around 01:02 to around 99, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, 1-ro 1-ro 1-gil and to the road located in Seo-gu 300 meters JeondIC 300-meter.

Accordingly, the suspect has driven a motor vehicle under the influence of alcohol more than twice in violation of the prohibition of drinking regulations.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of each of the Acts and subordinate statutes of a summary order attached to a reply to inquiry, such as criminal history, and a report on investigation (report on confirmation of the results of the disposition of

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the defendant's age, sex, environment, motive for committing the crime, and circumstances after committing the crime, committed the crime of this case even though the defendant had the record of punishment twice due to drinking driving, the defendant committed the crime of this case under the unfavorable circumstances that the accident that was caused by drinking driving at the time, the defendant recognized all the crime and took an attitude to reflect his wrongness, taking into account the favorable circumstances that there was no record of punishment except for the previous conviction in the judgment of the defendant, and determining the punishment as ordered by taking into account all the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive for committing the crime

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