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(영문) 광주지방법원순천지원 2020.09.01 2020고단1258
도로교통법위반(음주운전)등
Text

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

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 April 3, 2018, the defendant issued a summary order of KRW 7 million for the violation of the Road Traffic Act in the Gwangju District Court's net order in the Gwangju District Court on April 3, 2018, as well as two times in total.

On May 14, 2020, at around 19:50, the Defendant driven a Cmast car under the influence of alcohol concentration of about 0.158% without a driver’s license on the 13km section from the side in the vicinity of the Sincheon-si, Yacheon-si, Yacheon-si, Yacheon-si, to the rest area in the Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The register of driver's licenses for motor vehicles reporting on the state of driving;

1. Four copies of a report made on the result of the control of drinking driving;

1. Investigation report (Calculation of blood alcohol concentration);

1. Previous convictions in judgment: Criminal history records, reply reports, and the application of statutes of one copy of the above summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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