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(영문) 광주지방법원 순천지원 2020.01.16 2019고단2141
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On October 23, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Gwangju District Court's Net Branch of the Gwangju District Court due to the violation of the Road Traffic Act (hereinafter referred to as "driving"), and on June 11, 2008, a fine of KRW 2,50,000 was imposed due to the violation of the Road Traffic Act (hereinafter referred to as "driving").

On August 4, 2019, at around 01:30, the Defendant driven an E-Engine with an alcohol level of about 0.108% under the influence of alcohol level 0.108% from the Do in front of C Elementary School located in Mineyang-si B from the 3km-si Do to the Do in front of D.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement of the employee;

1. Investigative report (in calculating the blood alcohol concentration as at the time the suspect was involved in the A-accident, the Ba mark formula);

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the 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. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the criminal records of the defendant (the existence and frequency of the same kind of power, the interval between the time immediately preceding the same kind of power, etc.), the nature of the crime in this case, the degree of blood alcohol concentration of the defendant at the time of driving of the crime in this case, the circumstances leading to the control of the crime in this case, whether the defendant's reflectivity or not, and the conditions of various sentencing as shown in the records and arguments in this case

It is so decided as per Disposition for the above reasons.

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