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(영문) 광주지방법원목포지원 2020.10.13 2020고단606
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 January 27, 2010, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

On April 5, 2020, at around 17:15, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of 0.070% from the section of approximately 2 km to the front road of the same military as the Defendant was under the influence of alcohol at approximately 0.070%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The legal statement, the actual condition survey report, the report on the occurrence of a traffic accident, and the site photograph of the accident;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, report on internal investigation (related to the application of the U.S. cark), report on internal investigation (related to the crime) and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: In light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act increased by statutory penalty, strict punishment is needed for the act of drunk driving, circumstances that are favorable to the fact that the act of drunk driving has caused physical damage due to traffic accidents during drunk driving: The fact that there is no criminal force other than the records of the crime under influence driving, and all the factors of sentencing as shown in the arguments and records including the degree of drunk driving, character and behavior, environment, and circumstances after the crime are considered;

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