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(영문) 광주지방법원 목포지원 2020.04.23 2020고단10

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 9, 2018, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on June 20, 2018.

Nevertheless, around 02:38 on September 6, 2019, the Defendant driven a Ccopi-sports car in the section of about 7km from the front of the “Bju shop” in the Yannam-gun, Yannam-gun without obtaining a driver’s license under the influence of alcohol level of 0.134%, to the roads near the 33-7 National Institute of Marine Culture and Arts.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice, and operated without obtaining a license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as investigation reports (field conditions and investigation reports on vehicle vehicles, etc.), investigation reports (in relation to the reasons why a Lecar engineer was dispatched for the first time in D), investigation reports (Attachment to the same kind of power), inquiry reports, such as criminal records, etc., investigation reports (A), actual condition surveys, field surveys, drug drawings, field photographs, notification of the results of drinking driving control, report on the situation of a drinking driver, report on the driver's license, copy

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. As long as the punishment was imposed for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, it is hard to say that a person was under the influence of alcohol again, not only the person was under the influence of alcohol but also the person was under the influence of blood alcohol concentration.

Therefore, the execution of punishment shall be suspended only once in consideration of all the circumstances such as the defendant's age, sex, family environment, etc., and there is no punishment heavier than the fine until now.

However, the driver shall not drive under the influence of alcohol again.