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(영문) 광주지방법원순천지원 2020.08.13 2019고단2734

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On October 10, 2018, the Defendant was issued a summary order of KRW 5 million for a fine for violation of the Road Traffic Act, etc. in the Gwangju District Court's net order support.

On November 11, 2019, at around 23:59, the Defendant driven CM5 vehicle under the influence of alcohol 0.109% of alcohol level without obtaining a driver’s license in a section of about 2 km from the 2km-ro 39mpon-ro eropia to the roads in front of the CM5 eropia ecological tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the situation of operation without a license;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Inquiry into records of crimes and investigation history of foreigners, and application of a summary order under statutes of one copy of the 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)