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(영문) 광주지방법원 2021.03.19 2021고단216
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 April 16, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 1,50,000 as a fine in the same court on June 17, 2013.

On January 6, 2021, around 21:05, the Defendant driven an EMW car at approximately 50 meters alcohol concentration from the front side of a drinking tree in Gwangju Mine-gu, Gwangju Mine-gu to the front side of D in Gwangju Mine-gu, with approximately 0.165% alcohol concentration.

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. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement on the circumstances of the driver who makes a notification of the result of regulating the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the three-time drinking driving is highly likely to have a high alcohol concentration in blood while driving alcohol.

However, the fact that the defendant is against the defendant, the gap between the previous drinking driving force and the previous driving force, and the fact that there is no criminal record exceeding the fine is favorable.

In addition to each of the above circumstances, the punishment as described in the order shall be determined in consideration of the circumstances and process leading to driving of the drinking of this case, the age, sex, environment, etc. of the defendant.

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