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(영문) 광주지방법원 순천지원 2021.02.05 2020고단2353
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 December 22, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court, and on September 4, 2012, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On September 18, 2020, the Defendant driven a C-owned car under the influence of alcohol content of about 500 meters in the blood while under the influence of alcohol content of 0.068% in front of B apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no previous conviction exceeding the past fine, the degree of alcohol concentration in blood transfusion, driving distance, etc.);

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

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