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(영문) 광주지방법원 2019.08.13 2019고단1883

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

1. On February 13, 2014, the Defendant received a summary order of KRW 1.5 million as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on February 13, 2014, and received a summary order of KRW 2 million as a fine by the same court on April 24, 2017.

【Criminal Facts】

On March 23, 2019, at around 19:00, the Defendant driven a DNA car with approximately 15 meters alcohol level while under the influence of 0.231% alcohol level without obtaining a driver's license on the road near the C cafeteria located in Gwangju Northern-gu, Gwangju.

As a result, the defendant violated the prohibition clause on drunk driving more than twice and drives a motor vehicle without obtaining a driver's license in violation of the same clause.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the automobiles indicated in Paragraph 1, which were not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of two copies of summary order Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The records of this case, including the criminal records of the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant, the nature and risk of each of the crimes of this case, the background of the crimes, the degree of the principal offender, the family relationship, the health condition,