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(영문) 광주지방법원 2020.01.09 2019고단4485
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On December 15, 2013, the Defendant received a summary order of KRW 3 million from the Gwangju District Court to a fine of KRW 1,00,000 as a violation of the Road Traffic Act (driving). On March 19, 2019, the Defendant received a summary order of KRW 4 million from the same court as the same crime.

【Criminal Facts】

On September 18, 2019, the Defendant, without obtaining the driver’s license on September 22 and 35, 2019, driven a DNA sports vehicle at approximately 10km from the Do in front of the Yandong in Gwangju Northern-gu to the front road located in Gwangju-gu B, with a blood alcohol concentration of at least 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of two copies of a summary order of Acts and subordinate statutes;

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

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;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.

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