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(영문) 광주지방법원 순천지원 2020.06.26 2020고단205
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 December 31, 2009, the Defendant issued a summary order of fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 31, 2009, and a summary order of five million won for the same crime in the same court on September 26, 2013.

On January 1, 2020, at around 03:50, the Defendant driven a Fpoter II cargo vehicle without a driver’s license, while under the influence of alcohol concentration of approximately 0.030% from the 16K section from the side of C Elementary School located in B at P, to the front of the Eriter located in D at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (1) and on-site evidence and photographs of the traffic accident;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and inquiries, such as criminal records, and investigation reports (Attachment to the same type of power);

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 suspended execution (see, e.g., Article 62 (1) of the Act on the Suspension of Execution) (i.e., extenuating circumstances that are unfavorable to a person who has been tried to drive a motor vehicle and a traffic accident while drunk driving, which are alleged by his wife to drive in the site of accident; however, the defendant's mistake and reflects it; there is no previous offense other than fines on three occasions, and no previous offense exists after 2013; the blood alcohol concentration in the instant case is low; the transfer of the motor vehicle

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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