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(영문) 광주지방법원 순천지원 2021.02.17 2020고단1562
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

[200 Highest 1562] On November 17, 2015, the Defendant issued a summary order of a fine of KRW 4 million for a violation of road traffic law in the Gwangju District Court's net support on November 17, 2015, and three times in total.

On June 13, 2020, the Defendant driven a coo motor vehicle in C while under the influence of alcohol leveling 0.193% without obtaining a driver's license on the front side of the Southern apartment complex, and driving a coo motor vehicle in C under the influence of alcohol leveling 0.193%.

[200 Highest 3267] On October 28, 2020, the Defendant driven a coo vehicle to C without obtaining a driver's license from the front of the Do in the direction of about about 600 meters from the Do in the front of the Southern Do to the front of the road of E, the Defendant driven a coo vehicle from the Do in the direction of about 600 meters.

Summary of Evidence

[200 Highest 1562]

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: A written reply to inquiry, such as criminal history, and a written summary order [20 altitude 3267] Defendant's statement in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1), Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 (1) and 43 of the Traffic Act (the point of driving without a license) concerning each of the roads;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of an order to attend a lecture and the provision of an order to attend a lecture, even though the defendant had a record of criminal punishment several times due to drinking driving, etc., has again done so under the influence of alcohol without a driver'

However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.

The age, sex, and environment of the defendant is given in the circumstances such as the disposal of the vehicle possessed by it, the health condition and economic conditions are not good.

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