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(영문) 광주지방법원 2020.02.19 2019고단5437
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 201, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court's Changwon District Court's Busan District Court's Busan District Court's Busan District Court's order of KRW 2 million as a crime of violation of the Road Traffic Act, and KRW 2 million as a crime of violation of the Road Traffic Act, etc. on December 12, 2007.

On December 28, 2019, at around 22:48, the Defendant driven the E rocketing car volume with approximately 0.088% alcohol concentration on the 3km section from the front side of the Seo-gu Gwangju to the front side of Gwangju Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A previous conviction: An inquiry letter, a copy of summary order attached to the records of the same kind of crime, and the application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was punished by a fine due to a drunk driving in 2007 and 2011, he/she again drives the instant drunk driving (other than the one, he/she has a number of criminal records of a violation of the Road Traffic Act), and the reason for the drunk driving, shall be sentenced to imprisonment without prison labor on the grounds that there

However, the execution of the sentence prescribed in Article 51 of the Criminal Act, including the fact that the blood alcohol concentration (0.088%) of the instant case was not very high, shall be suspended in comprehensive consideration of the Defendant’s age, character and conduct, environment, and circumstances after the crime, shall be ordered to take the course of compliance driving.

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