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(영문) 광주지방법원 2020.10.15 2020고단2922
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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 29, 2010, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court and KRW 5 million as a fine in the same court on March 6, 2018.

【Criminal Facts】

On May 28, 2020, at around 22:38, the Defendant driven a FMW 520d car under the influence of alcohol concentration of about 0.14% from the front line of “C” in Gwangju Mine-gu, to the front line of “E” in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation reports (suspects and four-time reports)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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