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(영문) 광주지방법원순천지원 2020.10.16 2020고단872

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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2019, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 18, 2020, at around 06:50, the Defendant driven a DPoter Ⅱ while under the influence of alcohol leveling 0.128% without obtaining a driver’s license in the section of about 15 km from the Do in front of Bosung-gun B to the roads in front of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers, etc. of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of one summary order;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 on the stay of execution (it shall be considered that there is no other criminal record except for the previous four times of a fine) ;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;