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(영문) 광주지방법원 순천지원 2020.06.04 2019고단2376
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

[Criminal Power] On January 16, 2019, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

【Criminal Facts】

Defendant

On July 21, 2019: (a) around 01:19, at the parking lot of the C institution located in the Gangnam-gu Seoul Metropolitan City, Chungcheongnam-gu, Incheon Metropolitan City, to the roads of the Escki in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City, the Fluent car was driven without obtaining a driver's license in the state of alcohol alcohol concentration of about 200 meters from the 200m section to the Escki in the dong-gu,

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Registers of driver's licenses;

1. Answer of the results of requests for inspection of CCTV for vehicle reading and for details of passage;

1. Before ruling: Criminal history records, etc. inquiry report, investigation report (Attachment to the previous one and summary order, etc.), and application of Acts and subordinate statutes of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of a sentence of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, all of the sentencing factors shown in the trial process of this case, including the Defendant’s age, character and conduct, environment, previous conviction, motive and background of the crime, degree of blood alcohol at the time of driving, the distance of drunk driving, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

A favorable circumstances: The defendant recognizes a crime and repents his mistake.

The defendant has no history of criminal punishment exceeding a fine.

The defendant committed each of the crimes of this case before six months have passed since he was subject to criminal punishment due to drunk driving.

at the time of the defendant's operation.

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