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(영문) 광주지방법원순천지원 2020.10.28 2020고단795
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 25, 2008, the Defendant was notified of a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act in the Jeonju District Court's branch court.

On March 17, 2020, at around 00:15, the Defendant driven a Frane car with approximately 15km alcohol concentration of 0.065% from the front road of the “C funeral home” in the Jeonsung-gun B to the front road of the “E elementary school” in the same Gun D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a summary order of the same kind of power), and application of one copy of a summary order;

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 on the suspension of execution (including the fact that there is no previous conviction exceeding a fine for negligence and no previous fine exists in addition to the fine for negligence once, 2008, the degree of blood alcohol concentration and economic situation, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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