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(영문) 광주지방법원 순천지원 2021.03.25 2020고단3096
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 22, 2009, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of Road Traffic Act in the Gwangju District Court's net support for the defendant.

On November 13, 2020, the Defendant driven a F Twork car in the state of alcohol alcohol concentration of about 0.078% from a 300-meter section from the front road in C, which is located in D, to the front road in D, at a level of about 300 meters.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, and the application of a part of the above summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 0.078% at the same time; Supreme Court Decision 2006Da1488, Feb. 21, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1,

1. An order to attend a course under Article 62-2 of the Criminal Act;

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