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(영문) 광주지방법원 2020.04.23 2020고단389
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2017, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 18, 2017. On September 1, 2017, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court for 8 months.

【Criminal Facts】

At around 23:10 on January 18, 2020, the Defendant driven a d horse-fried car from approximately 20 meters away from the monthly road in the Gwangju Mine-gu to the front road in the Gwangju Mine-gu, Gwangju Mine-gu, with the alcohol concentration of 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Summary order and application of 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, as indicated in the judgment of the Defendant, a sentence of imprisonment with prison labor imposed on the Defendant for a crime of drunk driving, as well as a sentence of suspension of the execution of imprisonment with prison labor imposed on the Defendant for a crime of drunk driving as stated in the judgment of the lower court, in light of the fact that the Defendant had a record of punishment for a crime of unlicensed driving in a short time during 2017, and that the Defendant repeatedly commits the same crime in a short time, the sentence shall be imposed on the Defendant; however, the Defendant is recognized to have committed the crime; the following factors are comprehensively taken into account: the motive and background of the instant crime; the circumstances after

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