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(영문) 광주지방법원순천지원 2020.10.28 2020고단810
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 August 12, 2011, the Defendant was notified of a summary order of KRW 3 million in the Gwangju District Court’s Netcheon Branch.

On March 22, 2020, at around 17:47, the Defendant driven an E-high-speed car under the influence of alcohol concentration of 0.238% without obtaining a driver’s license from the street on the front side of the “Ccafeteria” in Bosung-gun B to the D on the street.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. Registers of driver's licenses;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of each 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. 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2011Do1148, Jan. 2

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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