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(영문) 광주지방법원 해남지원 2019.05.02 2019고단71

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 29, 2007, the defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on October 18, 2007, the same court received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act. On September 25, 2008, the same court sentenced 10 months of imprisonment and 2 years of suspended execution as a crime of violation of the Road Traffic Act; on July 3, 2009, 5 million of a fine at the Gwangju District Court, respectively; on May 12, 2016, the defendant was sentenced to a fine of KRW 6 months as a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court's branch on the Gwangju District Court's support on May 2, 2017, and completed the execution of the sentence of KRW 10,000 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

"2019 Highest 71"

1. On February 17, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at a section of about 50 meters from the front side of the west-gun B through the front side of the west-gun C without obtaining a driver’s license on February 13, 2019 to the road of the “D cafeteria” located in the Jeonnam-gun C.

"2019 Highest 81"

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a freight driver E.

On January 14, 2019, the Defendant, without obtaining a driver’s license at around 16:05 on January 14, 2019, drive the said cargo in a state where normal driving is difficult due to alcohol concentration of 0.219%, while driving the said cargo at a state where normal driving is difficult due to the influence of alcohol concentration of 0.219%, the Defendant proceeding one lane among the two-lanes in the new zone intersection in the front Dondo Eup in the front Donnam-do,

The two lanes have changed from the first lane to the second lane.

There are two-lanes in the new zone intersection, and there are two-lanes in the two-lane, so in such a case, the driver has a duty of care to accurately manipulate the front side and the steering gear, thereby preventing the accident from occurring.

Nevertheless, there is a need to do so.