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(영문) 광주지방법원 2020.12.16 2020고단5301

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 8, 2007, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for a violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on October 27, 2015.

【Criminal Facts】

On September 19, 2020, the Defendant driven a F k-5 car under the influence of alcohol leveling 0.076% without a car driver’s license from the front road in Gwangju Northern-gu, to the front road in Gwangju Northern-gu, by approximately 800 meters.

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

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the records of the drinking driving control, and the registration ledger of the driver's license;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.