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(영문) 광주지방법원 2019.11.28 2019고단4290

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant received a summary order of KRW 500,000 as a fine for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on July 9, 2012, the same court received a summary order of KRW 2 million as a fine for the same crime, and on June 10, 2014, the same court received a summary order of KRW 5 million as a fine for the same crime.

On October 9, 2019, at around 14:55, the Defendant driven a DNA knick drive without obtaining a driver’s license for approximately 3 km section from the front side of the YA to the front side of C, while under the influence of alcohol of about 0.131%.

Accordingly, the defendant did not obtain a driver's license and violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking alcohol;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal history records, and of Acts and subordinate statutes attached to summary order 4;

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 the 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. As indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, prior to the instant crime, the Defendant was already punished by a fine of three times or more due to drinking driving, the license was revoked due to driving without license, the license was revoked due to driving without license, and the Defendant’s act was committed by causing a traffic accident and resulting in the occurrence of the Defendant’s crime of drinking driving. However, the Defendant selected and punished by imprisonment with prison labor for the Defendant’s act at a disadvantage, and the Defendant did not have any history of being punished by a fine exceeding the fine prior to the instant crime.