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(영문) 광주지방법원 장흥지원 2020.03.26 2020고단4

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 November 27, 2017, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court.

Nevertheless, at around 23:57 on December 26, 2019, the Defendant driven a Cwing-III truck with blood alcohol concentration of 0.147% under the influence of alcohol without obtaining a driver's license.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, an accident site photograph, a report on the circumstantial statements of a drinking driver, a report on the circumstances of a drinking driving, a report on the results of the drinking control, and a driver's license register;

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (a summary order issued for the same type of case) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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;