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(영문) 광주지방법원 2021.01.21 2020고단4958
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

[Criminal Records] On November 29, 2007, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating Road Traffic Act (dacting driving) at the District Court of Jung-gu on November 29, 2007.

[Criminal facts] On September 6, 2020, under the influence of alcohol level of 0.178% among the blood transfusion around 16:15, the Defendant driven a Ccelltotop motor vehicle at approximately 12 km from the front of a mutual influorial cafeteria located in the Masan-dong, Gwangju Mine-gu to the front of the Dong-gu, Gwangju-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of the text of the judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment 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 suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading up to the crime, the degree of the principal offender, the family relationship, the health condition of the defendant, and the possibility of recidivism, etc., the punishment as ordered shall be determined as set forth in the Disposition.

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