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(영문) 광주지방법원 2019.07.25 2019고단2028
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 8, 2019, at around 09:45, the Defendant driven a Matri-type car without obtaining a driver's license in a section of about 8 km from the front of the Mosung-gun, Sungsung-gun, Sungsung-gun to the small flow distance from the 8km-si, Sungsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the person obliged to attend a lecture was sentenced to a fine for drunk driving in the year 2018, and the person committed the instant crime without reflecting the fact that his/her driver’s license was revoked, the person committed the instant crime without reflecting the fact that he/she committed the instant crime, the degree of blood alcohol level, the interval between the previous drinking driving force and the previous drinking driving force, the interval between the previous drinking driving force and the previous driving force, and the fact that the instant crime was prevented by causing a traffic accident.

In addition, the details of the driving without a license for drinking alcohol, the distance and place of driving without a license for drinking alcohol, the age, character and conduct, environment, circumstances after the crime, etc. shall be determined as per the order.

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