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(영문) 광주지방법원 2019.10.24 2019고단3118

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 23, 2019 and July 4, 2016, the Defendant received a summary order of a fine of KRW 4 million and a fine of KRW 7 million, respectively, from the Gwangju District Court as a crime of violation of the Road Traffic Act.

On August 11, 2019, at around 17:50, the Defendant driven a C Lasta vehicle at approximately 2.5 km from the parking lot of the amusement park located in the North west-gun, west-gun, west-gun, to the roads in front of the North west-gun, the Defendant, without obtaining a driver’s license, while under the influence of alcohol content 0.161%, while under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. As the Defendant’s reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are deemed to be the first head of the crime, the amount of blood alcohol concentration twice due to drinking driving is to be sentenced to imprisonment in that the Defendant already 0.125% and 0.252% of the punishment had a record of being punished, and the Defendant’s blood alcohol concentration at the time of driving without drinking, and the Defendant’s imprisonment is to be chosen in that the Defendant’s blood alcohol concentration at the time (0.161%) is high.

However, it shall be considered favorable to the fact that the defendant has no record of punishment exceeding a fine due to driving under drinking (unlicensed) and the fact that the defendant seriously reflects the fact.

(b) other.