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(영문) 광주지방법원 2019.08.29 2019고단2064

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for two years.

The number of chassis B, engine number C, and engine number: 64951, color:

Reasons

Punishment of the crime

[criminal power] On April 10, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on April 10, 2018, and seven times of drinking driving, such as termination of the execution of sentence on December 10, 2018.

[2019 Highest 2064] On May 20, 2019, the Defendant driven a BP car owned by the Defendant without obtaining a driver’s license, from around 300 meters from the front of the D apartment in front of the Seoul Northernbuk-gu, to the front of the D apartment, via the F Hospital in the same Gu E, to the front of the D apartment.

[2019 Highest 2605]

1. On June 25, 2019, from around 10:35 to 11:37, the Defendant driven the said vehicle at the 14km section from the Da apartment parking lot in Gwangju Northern-gu to the front road of the Jeonnam University Hospital located in Gwangju-dong University, without obtaining a driving license.

2. The Defendant, from around 13:29 to 13:53 on the above day, was drunk with alcohol content of 0.160%, without obtaining a driver’s license, driven the said car at the section of approximately 2 km from the said apartment parking lot to the said apartment parking lot, via the Maamam 3 Dong Administrative Welfare Center and Fa hospital located in the same Dong from the said apartment parking lot.

Summary of Evidence

【Criminal Power】

1. An inquiry report;

1. Current status of personal expropriation;

1. Each judgment and each summary order (2019Sang2064);

1. Defendant's legal statement;

1. The register of driver's licenses (2019 Highest 2605);

1. The defendant's legal statement 1, each statement in the circumstances of his/her driver, and each investigation report (the circumstantial report of his/her driver);

1. Application of the statutes on the register of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of driving under the influence of alcohol); and

1. Violation of the Road Traffic Act as stated in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and the violation of the Road Traffic Act as stated in Articles 1 and 50 of the Criminal Code at the time of marketing) (the crime of drinking and the crime of driving).