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(영문) 광주지방법원순천지원 2020.11.06 2020고단1175
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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 18, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on June 18, 2009.

【Criminal Facts】

On May 8, 2020, at around 22:03, the Defendant driven an E-car under the influence of alcohol concentration of about 0.159% from a section of about 5km from the front of the B apartment to the front of the C apartment Ddong, in a state of alcohol alcohol concentration of about 0.159%.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle in a drunken state.

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 of judgment: Criminal records, etc., inquiry reports, investigation reports (report attached to the same type of power), and application of Acts and subordinate statutes governing 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. Suspension of execution under Article 62 (1) of the Criminal Act (the numerical concentration of blood alcohol is substantial, but there is no previous conviction exceeding the past fine, economic situation, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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