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(영문) 광주지방법원 2020.09.03 2020고단3350
도로교통법위반(음주운전)등
Text

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

On May 19, 2020, the Defendant received a summary order of a fine of KRW 6 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On June 24, 2020, at around 21:50, the Defendant driven a motor vehicle with D-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses to report the circumstances of driving without a license under the influence of alcohol control ( June 24, 2020).

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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 sentencing records and arguments of Article 62-2 of the Criminal Act include the defendant's records of identical crime for the reason of sentencing, the degree of blood alcohol, the background of drinking and unlicensed driving at the time of the crime of this case, the distance and place of drinking and unlicensed driving, and the defendant's mistake are divided. The defendant's age, character and behavior, and circumstances before and after the crime of this case and all the sentencing conditions shown in the arguments of this case shall be determined as ordered.

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