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(영문) 제주지방법원 2020.04.22 2019고단2037

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 26, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) on May 26, 2019, the Defendant driven an Ebea cruise car without obtaining a driver’s license from the front side of the C cafeteria located in the Manan-si B in Ansan-si, Ansan-si to the front side of the same Gu from around 300 meters away from May 26, 2019.

2. On September 11, 2019, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving without a license) at the Seoul Eastern District Court on September 28, 2017, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license) at the Jungbu District Court on February 13, 2018.

On September 11, 2019, the Defendant driven an Ebe-cr cruise vehicle under the influence of alcohol 0.226% without obtaining a driver’s license from the front of G in Jeju City F to the front of H road in about 5km at the same time.

As a result, the defendant driving an automobile without obtaining a driver's license, and violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports (a summary order, etc.);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in Articles 40 and 50 for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of September 11, 2019, and a more severe punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.