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(영문) 광주지방법원 2019.07.16 2019고단1670

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2018 and February 5, 2010, the Defendant received a summary order of a fine of KRW 3.5 million and a fine of KRW 2 million from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】

around April 29, 2019, the Defendant driven a F Kanche vehicle without obtaining a driver's license, in the section of approximately 1 km from the front of the road in Gwangju Dong-gu to the front road in Gwangjubuk-gu, and without obtaining a driver's license, while under the influence of alcohol concentration of about 0.162%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act with heavier punishment among the above crimes) of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter “the reason for sentencing”) is not only a criminal record of more than 10 times including a criminal record of a sentence or a criminal record of a suspended sentence of imprisonment, but also a criminal record of a criminal record of a criminal record of a criminal record of a suspended sentence of imprisonment. While the criminal record of a suspended sentence of a criminal record of a criminal record of a suspended sentence of a criminal record of a criminal record of a criminal record of a criminal record of a criminal record of a criminal record of a crime, the criminal record of a criminal record of a criminal record of a

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding a fine due to drinking driving, and that the defendant does not drive a drinking again and makes it difficult to do so.

Other driving without a license.