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(영문) 광주지방법원 2020.08.20 2020고단493

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to a suspended sentence of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on December 10, 2009; on November 16, 2015, a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on November 16, 2015; and on May 25, 2017, by the Gwangju District Court on May 25, 2017, to a suspended sentence of 8 months.

On December 11, 2019, without obtaining a driver's license at around 23:21, the Defendant driven a FW car over a two-km section of approximately two kilometers from the front day of the “C” restaurant located in Gwangju Dong-gu, Gwangju Dong-gu, to the front day of the road, under the influence of alcohol level of 0.067%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Before the defendant's statutory statement, the driver's report on the circumstantial statement, the control of drunk driving and the driver's license register: Criminal records, two copies of summary order, and one copy of the judgment; and

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. In view of the fact that the Defendant, with the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, once several times, once drinking and driving without a license, once again conducted drinking or driving without a license, and the Defendant, under the influence of alcohol or without a license, has inflicted an injury on a person or has damaged a vehicle, and thus has escaped, choice of imprisonment is inevitable.

However, there are circumstances such as the fact that the blood alcohol concentration level based on the result of the alcohol alcohol measurement in this case is not high, but the defendant repents his mistake.

This is drinking and drinking.