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(영문) 광주지방법원목포지원 2020.09.22 2020고단797
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

[Criminal Power] On December 18, 2019, the Defendant was notified of a summary order of KRW 6,00,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s wooden branch.

【Criminal Facts】

At around 23:50 on March 28, 2020, the Defendant driven BA7 car without obtaining a driver’s license in the state of alcohol alcohol concentration from approximately 3 km section to the road located at approximately 0.188% in the same time-gambling 200 meters from the YanIC, which was located in the Hanpo City of Sinpo City.

Accordingly, the defendant violated the prohibition of driving of a motor vehicle more than twice under the influence of alcohol, and at the same time driving of the motor vehicle without obtaining the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure, request for appraisal and inspection, results and inquiry;

1. Reports on the occurrence of traffic accidents, actual condition surveys, field photographs, ledger of driver's licenses, dispositions on the cancellation of driver's licenses, notification of the results of the control of drinking driving, report on the situation of drinking drivers, investigation reports, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by statutory penalty, there is a need to strictize the act of drunk driving, two times a licenseless driving, one time a licenseless driving, and one time a licenseless driving, and the circumstances in which the crime of drunk driving has been repeated in a short period are recognized as erroneous.

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