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(영문) 광주지방법원 장흥지원 2020.03.26 2020고단21

도로교통법위반(음주운전)등

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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

[Criminal Power] On August 8, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court.

【Criminal Facts】

On December 11, 2019, at around 19:40, the Defendant driven a motorcycle in FBEAV125 without obtaining a driver's license, while under the influence of alcohol leveling about 0.230% from around 500 meters to the E-road located in the same Gun D.

As a result, the defendant driving a motorcycle without obtaining a motorcycle driver's license, and at the same time, violated the duty of prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, on-site photographs, report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, notification of the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and 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;