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(영문) 광주지방법원 2018.02.08 2017고단4611

도로교통법위반(무면허운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal history] On March 25, 2003, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on September 25, 2009, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act on September 25, 2009, respectively. On January 6, 2011, the same court was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (non-licenseless driving). On August 24, 2015, the same court issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (non-licenseless driving) at the same court on July 26, 2016 and issued a fine of KRW 3 million to a fine of KRW 3 million for a violation of the Road Traffic Act (driving driving) at least 4 million on December 1, 2016, respectively.

[2017 Highest 4611] On July 13, 2017, the Defendant driven a motor vehicle Cwing-III without obtaining a driver’s license from the roads near the Namdong-gu Seoul metropolitan area, etc., to the roads adjacent to the Namdong-dong metropolitan area, Gwangju metropolitan area, under the influence of alcohol level of 0.172% among blood transfusion around 19:25 on July 13, 2017.

[2017 Highest 5385] The Defendant is a person engaged in driving a C-wing and cargo vehicle.

On October 5, 2017, the Defendant, while under the influence of alcohol 0.163% in light of the blood alcohol level around 16:55, 2017, was driving along the two-lanes from the south-gu New-ro, Nam-gu, Gwangju to the university of Gwangju, without obtaining a driver's license, at the level of 0.163% in alcohol level.

At the same time, there was a signal signal, and there was a vehicle waiting for the signal, so in such a case, there was a duty of care to accurately operate the steering gear and the steering system for the driver of the vehicle and to prevent the accident by driving the vehicle safely by checking well the right and the right of the front.

Nevertheless, the defendant is under the influence of alcohol and is proceeding as it is.