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(영문) 광주지방법원 2020.02.06 2019고단5153
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2019, the defendant was issued a summary order of KRW 7 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, KRW 2.5 million by the same court on December 9, 2013 and KRW 3 million by the same court on September 10, 2012 as the crime of violation of the Road Traffic Act.

On December 3, 2019, at around 01:47, the Defendant driven a F-Addi vehicle under the influence of alcohol concentration of about 0.067% without obtaining a driver's license from the front side of the Seo-gu, Gwangju to the front side of the E-mail located in Gwangju, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiry, a copy of a summary order;

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 the 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 shall be punished by imprisonment with prison labor at the same time, taking into account his/her criminal records, such as the statement of the criminal records on the grounds of sentencing under Article 62-2 of the Criminal Act, such as the records of the order to provide community service and attend lectures (one time of his/her imprisonment with prison labor shall be punished for driving without permission), the timing and circumstances of the revocation of his/her driver's license (the cancellation of his/her license due to drinking driving around 2019), the previous records of drinking driving and the distance

In addition, the degree of blood alcohol, the details of the driving without a license for drinking alcohol, the distance and place of driving without a license for drinking alcohol, the details of crackdown, the age and character of the accused, the character and conduct, the environment, the circumstances after the crime, etc. shall be determined as the sentence as ordered.

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