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(영문) 광주지방법원 순천지원 2020.07.21 2019고단2763
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2019, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net order in the Gwangju District Court.

On November 13, 2019, at around 19:24, the Defendant driven a D low-speed car with a alcohol level of 0.054% alcohol level without obtaining a driver's license in the section of about 8 km from the front of C, which is located in 19:24, 19.13.13.24, to the front of the Jin-si which is located in the right-hand road at the net City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one 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 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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

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