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(영문) 광주지방법원 2020.06.25 2020고단1627
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 21, 2013, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On March 29, 2020, at around 21:59, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.094% from around 150 meters to the front road of Gwangju, Seo-gu, Seo-gu to the front road of Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous conviction: Application of summary order Acts and subordinate 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. 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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