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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3152
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 24, 2020, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s net support on November 24, 2020.

[2] On November 24, 2020, the Defendant, at around 100 meters from the front of the “C D D D D D D D D D’s day of drinking, driven a motor vehicle under the influence of alcohol level of 0.057% from November 20, 2020 to February 27, 2021, despite the suspension of a motor vehicle’s driver’s license, while driving the F-learning motor vehicle under the influence of alcohol level of 0.057% from blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license register of motor vehicles which are inquired of the results of regulating drinking driving;

1. Report on the situation of driving at home, report on the situation of driving without a license, and report on the situation of the driver at home;

1. Records of the judgment: References to inquiries, such as criminal history, reports on the results of confirmation of minor records of the disposition, and the application of the judgment text;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply), Article 152 subparagraph 1, 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 Competition;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order is that the defendant recognized and reflected the crime of this case, but the social harm caused by drinking driving is very serious and thus, it is necessary to strictly punish the case.

In particular, despite the fact that the Defendant was under control by drinking on October 8, 2020, the Defendant is highly likely to be subject to criticism in that he re-offending at the time when 2 months have not passed since he did not cause any weight, and even her re-offending at the time when she failed to do so (a fine of KRW 3,00,000 for self-driving on October 8, 2020 on the day when the Defendant driven the instant drinking on November 24, 2020.

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