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(영문) 광주지방법원 순천지원 2020.05.20 2019고단3196
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, in the Gwangju District Court’s Netcheon Branch on January 27, 2016, and was sentenced to imprisonment with labor for the same crime in the same court on September 14, 2017 and two years of suspended execution.

On November 23, 2019, at around 00:15, the Defendant driven a D-hurd motor vehicle under the influence of alcohol level 0.153% under the influence of alcohol level 0.153%, without obtaining a driver’s license, from the front of the C-C-C-C-C-C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

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. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to previous records, court rulings, etc.), and application of statutes of four copies of judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include two times of suspended sentence, and the defendant may be admitted to the same previous department.

Furthermore, considering the fact that drinking and unlicensed driving was conducted with the same vehicle even though the driver's license was revoked due to drinking driving, the blood alcohol concentration in the instant case is significant, and the high risk of driving on an expressway in the state of drinking is very high, a sentence of sentence is inevitable.

However, the fact that the defendant is against the defendant, the fact that the defendant does not repeat the vehicle while transferring the vehicle, and the age, character, character, environment, etc. of the defendant.

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