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(영문) 광주지방법원순천지원 2020.10.23 2020고단403
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 27, 2018, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch.

On February 9, 2020, at around 17:15, the Defendant driven a D rocketing car in the state of alcohol alcohol concentration of 0.08%, from around 3 km to the front of the flow distance in the same city ero-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other 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 on the suspended execution (the fact that the previous department exists in the previous department, the traffic accident caused by signal apparatus while driving under influence shall be considered to have no previous record other than a fine, the fact that there is no previous record other than a fine once, and the fact that the industrial accident in April 2020 is not good in the health situation, etc.);

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