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(영문) 광주지방법원 순천지원 2020.05.13 2019고단2918
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million for the same crime in the same court on June 21, 2018.

On November 13, 2019, at around 20:30, the Defendant driven an Eststren-car without a driver’s license, while under the influence of alcohol concentration of about 0.139% from the 300-meter section from the front of C, which is located in D, to the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report (Attachment to the previous and summary order), and application of Acts and subordinate statutes of a 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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be applied to the previous and three times, but no previous criminal records exceed

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

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