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(영문) 광주지방법원 순천지원 2021.01.28 2020고단2652
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 September 10, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Netcheon Branch of the Gwangju District Court.

On October 11, 2020, the Defendant driven a E-high typ car while under the influence of alcohol leveling 0.141% in the 3km section from the blood alcohol level to the front road of D gold set up in the same city B apartment in the same city of 20:57 on October 11, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, such as criminal history, and the text of the judgment;

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 (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 20

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

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