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(영문) 광주지방법원 해남지원 2020.07.23 2020고단112
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

[criminal power] On August 8, 2007, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, etc. on December 8, 2009, a summary order of KRW 3 million for a violation of the Road Traffic Act (refluence of measurement), and on April 23, 2015, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (refluence of measurement) in the same court.

【Criminal Facts】

On March 14, 2020, at around 20:58, the Defendant driven D Poter truck without obtaining a driver’s license under the influence of alcohol level of 0.161% from the section of about 2km up to the entrance of the west-gun, Nando, Nando, Nando, Nando, Nando, to the front of the Dondo, Nando, Nando, Nando, Nando, Nando.

Accordingly, the defendant, in violation of Article 44 (1) or (2) of the Road Traffic Act at least twice, has driven a motor vehicle while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the state of standing under the influence of alcohol drivers, investigation report (report on the circumstances), inquiry into the control of driving under the influence of alcohol, and inquiry into the

1. Investigation report (Attachment to the register of driver's licenses of suspects), and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (Attachment to the same type of summary order), one copy of a summary name, and one copy of a summary name, respectively, of statutes applicable to the list of related cases;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, is driving under the influence of alcohol several times in the past.

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