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(영문) 광주지방법원순천지원 2020.10.08 2020고단219
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

At around 18:50 on January 7, 2020, the Defendant driven a Fpoter II cargo vehicle from the front corner to the front door of D apartment E-dong, with approximately 3km alcohol concentration of about 0.147% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (which had the record of being punished by a fine for the same kind of offense in around 2018); (c) the distance of drinking driving; and (d) the circumstances after committing the instant crime, and all

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