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(영문) 광주지방법원 순천지원 2020.07.21 2019고단2754
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

On February 17, 2016, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support.

On November 12, 2019, at around 23:05, the Defendant driven an Efluor vehicle under the influence of alcohol concentration of about 0.087% in the section of approximately 300 meters from the front of the C Service Center located in Net City B to the Dr. Dr. D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that he/she commits an error and the fact that he/she is not driving at a height of 300 meters, and the distance of driving is not set at 300 meters);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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