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(영문) 광주지방법원 2019.09.26 2019고단2330

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On July 2, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on July 2, 2007, and on November 29, 2016, the Defendant was sentenced to a fine of KRW 4 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 8, 2019, at around 00:03, the Defendant driven a e-learning vehicle under the influence of alcohol concentration of 0.184% without obtaining a driving license from around 150 meters in a section from the front of C in Young-gun, Young-gu, Seoul, to the front of D, Young-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Summary order and application of Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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.