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(영문) 광주지방법원 2020.02.20 2019고단5396
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 October 30, 2006, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 3 million as a fine in the same court on April 5, 2013, respectively.

【Criminal Facts】

On November 22, 2019, at around 22:38, the Defendant driven B QM5 car from the front side of Gwangju Seo-gu to the front road located in the same Gu, with approximately 100 meters alcohol level of 0.059% under the influence of alcohol level around 22:38.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and summary order 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;

1. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;

In addition, the punishment as ordered shall be determined in consideration of the degree of blood alcohol, the reason why the drinking driving was conducted, the distance and place of the drinking driving, the details of the crackdown, the distance between the previous drinking record and the crime in this case, the defendant's age, character and conduct, environment, circumstances after the crime, etc.

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