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(영문) 광주지방법원 순천지원 2020.04.01 2020고단57

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 4, 2008, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on January 4, 2008. On April 3, 2014, the Defendant was sentenced to a summary order of 5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on April 3, 2014. On June 21, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) from the Gwangju District Court's Netcheon Branch on June 29, 2018.

On December 20, 2019, at around 19:50, the Defendant driven a Fland knife vehicle without obtaining a driver's license in the 4km section of approximately 0.199% alcohol level from the Do in front of the C cafeteria, which is located in Fland C, to the front of the E knife D.

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. Registers of driver's licenses;

1. Previous records of judgment: Application of five copies of written inquiries, such as criminal records, investigation reports (Attachment to previous records, court rulings and summary orders), court rulings, and other relevant Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) the Defendant had been sentenced to a sentence in consideration of the following: (b) five previous years of drunk driving; (c) two previous years of non-licensed driving; and (d) the Defendant re-driving the same vehicle while under a non-licensed license during the suspension period due to drunk driving; and (c) the blood alcohol concentration of the instant case is considerably high.