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(영문) 광주지방법원 2020.02.13 2019고단4896
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On October 1, 2019, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 25, 2019, the Defendant, without obtaining a driver's license on October 25, 2019, driven a car Fi30% under the influence of alcohol with approximately 100 meters alcohol concentration at a section of about 100 meters from the Ccafeteria parking lot located in Gwangju Mine-gu B to the Esular road located in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: An investigation report (verification of criminal records of sound driving and confirmation date of summary order) shall be applied by statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions specified in the records and pleadings of the instant case, including the nature and risk of the instant crime, the background and degree of the instant crime, the Defendant’s family relationship, health condition, possibility of recidivism, etc.

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