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(영문) 광주지방법원 2020.12.03 2020고단4844
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 February 25, 2013, the Defendant received a summary order of KRW 3,50,000 from the Gwangju District Court to a fine for violation of the Road Traffic Act.

【Criminal Facts】

On August 31, 2020, the Defendant driven CM5 car from around 16 km to the transferred tunnel prior to the transfer road located in 21, i.e., the transfer of e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e., the e., the e

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the actual condition of traffic accident and on the actual condition of the driver;

1. Previous conviction: Application of summary order Acts and subordinate statutes of the Gwangju District Court No. 2013 High Court No. 2367;

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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