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(영문) 광주지방법원순천지원 2020.12.24 2020고단1014
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 17, 2010, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on September 17, 201, and a summary order of KRW 2 million for the same crime in the same court on February 23, 2011.

【Criminal Facts】

On April 5, 2020, at around 17:08, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol leveling to approximately 500 meters from “C” front of the “E National Road Road Road Road D” to “E National Road Road D,” located in Goung-gun, Goung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; and (b) the Defendant’s age, character and conduct, environment, criminal records (including records of several times of fines for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.; and (b) the sentence

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