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(영문) 광주지방법원 장흥지원 2021.02.04 2020고단318

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal history] On December 27, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law in the Gwangju District Court's interest support around Gwangju District Court on three occasions, including the issuance of a summary order of KRW 2 million.

[Criminal facts] On November 24, 2020, the Defendant driven a D amount-free car without obtaining a driver's license from around 20:56 to around 3:6m alcohol level from around 60m to around 3:0,00, while under the influence of alcohol level of about 0.097% in blood.

As a result, the Defendant violated his duty not to drive alcohol more than 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. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;