beta
(영문) 광주지방법원 장흥지원 2021.01.14 2020고단279

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[Power of crime] On November 19, 2019, the Defendant was issued a summary order of KRW 8 million as a crime of violating road traffic law (drinking driving) in the Gwangju District Court’s application.

[Criminal facts] On November 16, 2020, the Defendant driven a 0.137% alcohol concentration in blood without obtaining a driver’s license for a motor vehicle from the front road of Gangnam-gun, Namjin-gun around 16:30, to the front road of the same military branch, Dpoter two freight vehicles from approximately 1.4km to the front road of the same military branch.

As a result, the Defendant violated his duty not to drive alcohol more than twice, and simultaneously drive the freight without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;