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(영문) 광주지방법원 2021.02.02 2020고단6653

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 22, 2020, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act by the Gwangju District Court.

On November 29, 2020, the Defendant, without obtaining a driver's license on a motor vehicle, driven a motor vehicle with a falburous d motor vehicle from approximately 300 meters away from the front side of the Gwangju Mine-gu to the front side of the E Hospital located in the same Gu, while under the influence of 0.102% alcohol level during blood.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) concerning criminal facts, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving under influence of alcohol)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances, etc. described in the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (including the above circumstances, etc.);

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures, was punished for driving under drinking without a driver’s license, and the drinking level of this case is high, thereby sentenced to imprisonment with prison labor for the Defendant.

However, after reducing the amount of punishment in consideration of extenuating circumstances, such as the fact that the defendant has no past record of punishment other than the above drinking driving record, the defendant's mistake is divided, etc., the period of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but social service corresponding to the nature of the defendant's offense and the lecture of compliance driving.