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(영문) 광주지방법원 순천지원 2020.06.04 2019고단3029
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2019, the Defendant was issued a summary order of a fine of eight million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on October 24, 2019.

【Criminal Facts】

On November 2, 2019, at around 23:00, the Defendant driven a BM6 car under the influence of alcohol level of about 100 % in a section of about 100km from the front of a main station where it is impossible to know the trade name in the Yancheon-si Municipal Ordinance-do to the front of the road in which it is impossible for the Defendant to know, on the road in which it is located in the Hacheon-gun Municipal Ordinance-do to the parking lot for the area of approximately 100km in the south-

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in judgment: Criminal records, etc., inquiry reports, investigation reports (attached to the previous and summary orders), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and selection of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, with regard to the probation and community service order, the Defendant’s age, character and conduct, environment, previous conviction, motive and background of the crime, degree of blood alcohol at the time of driving, drinking driving distance, and circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing in the trial process of this case.

A favorable circumstances: The defendant recognizes a crime and repents his mistake.

The defendant has no history of criminal punishment exceeding a fine.

Disadvantageous circumstances: The defendant was subject to criminal punishment due to drunk driving, and led to the crime of this case.

At the time of the defendant's driving, the blood alcohol concentration was relatively high, as well as the place where the defendant drives a vehicle in the state of drinking was an expressway, the risk was found.

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