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(영문) 광주지방법원 순천지원 2019.11.21 2019고단2050
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 February 21, 2018, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on February 21, 2018, and the same drinking driving force is four times.

Nevertheless, at around 04:12 on August 20, 2019, the Defendant, without obtaining a driver’s license in approximately 2.9 km section from the front of the inn city B to the front of the D located in the same city C, driving E-Poter under the influence of alcohol concentration of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. In the course of study and the order of community service order under Article 62-2 of the Criminal Act, even though a driver was subject to criminal punishment for a drunk driving with the reason of sentencing, and did not have been re-issued after the driver’s license was revoked, the sentence shall be determined as ordered in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the following: the degree of blood alcohol concentration, the frequency of punishment for the same kind of crime, the interval between the crime and time, the frequency of the crime, the confession of the crime, the misunderstanding of the mistake, and the re-offending of the crime.

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