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(영문) 광주지방법원 목포지원 2021.03.23 2020고단1295

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On January 22, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (dacting driving) in the application of the Gwangju District Court.

[2] On August 3, 2020, the Defendant driven a C-W-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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) concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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;

1. An unfavorable condition for sentencing under Article 62-2 of the Criminal Act: Social danger of drinking alcohol driving and the amendment of road traffic laws, the purpose of which statutory punishment is increased, the circumstances favorable to the number of times of the same kind of crime: The degree of driving, including the degree of driving, and all kinds of sentencing conditions shown in the records and arguments, including the defendant's age, sexual behavior, environment, and circumstances after the crime;