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(영문) 광주지방법원 순천지원 2018.01.26 2017고단1441

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2017 Highest 1441" is a person driving CPoter vehicle.

On June 10, 2017, the Defendant: (a) started at the entrance of the Mapo-gun, Masan-gun, Masan-gun, the Simsan-gun, the Simsan-do, a city with approximately KRW 1 km from the same Eup, and driven the said vehicle without the driver’s license, after the Simsan-do, the same Eupm-gun, the road.

On December 28, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a violation of road traffic law (drinking driving), etc. on December 28, 2012, the Defendant was sentenced to a fine of KRW 6 million by the same court on October 13, 2014. On June 2, 2016, the Defendant was sentenced to a summary order of KRW 6 million for a violation of road traffic law (drinking under drinking), etc. on the same court on June 2, 2016, and was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking under drinking), which became final and conclusive on June 10, 2016.

On October 2, 2017, around 01:01, the Defendant driven a Dpoter in the state of alcohol concentration of 0.290% while under the influence of alcohol without a driver’s license at the front of the entrance of the mountain village of the Republic of Korea in the Republic of Korea, the Sinnam-si, the Namnam-si, the Namnam-si, the Republic of Korea.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol not less than twice without a driver's license and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

"2017 Highest 1441"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license ledger 2017 Highest 2442";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Investigation into criminal history and application of Acts and subordinate statutes on investigation reports (verification of the facts under probation period);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant repeats repeatedly during the period of suspension of execution of the same kind of crime, the amount of alcohol concentration during blood transfusion is high, and the defendant also commits a crime.