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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3177
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 21, 2015, the Defendant received a summary order of a fine of KRW 4 million due to a violation of road traffic law in the Gwangju District Court's net support on August 21, 2015, and received a summary order of KRW 4 million in total two times.

[2] On October 25, 2020, the Defendant driven a two-wheeled automobile with approximately 3km section from the same parking lot in the building C, which was located in the Socukdong, at around 06:55 on October 25, 2020, without obtaining a driver's license, while under the influence of alcohol of about 0.075% while under the influence of alcohol.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving under drinking, and the ledger of driver's licenses (cancellation -A);

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the scene of the accident;

1. Investigation report (Calculation of alcohol concentration in blood) and investigation report (whether or not the application figures of suspect's mark official are recognized);

1. Records of the judgment: Application of each of the Acts and subordinate statutes of one copy of the inquiry letter, such as criminal history, investigation report (Attachment of the previous summary order), and copy of the above summary order;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply), Article 152 subparagraph 1, 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order is that the defendant recognized and reflected the crime of this case, but the social harm caused by drinking driving is very serious and thus, it is necessary to strictly punish the case.

The defendant is recorded in the records of the crime.

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