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(영문) 광주지방법원 2019.10.17 2019고단3027
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal power] On June 29, 2017, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licensed driving) at the Gwangju District Court, and was sentenced to a suspended sentence of 2 months for a drunk driving, 5 times for a drunk driving and 2 times for a non-licensed driving.

In addition, on November 24, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the Gwangju District Court on the grounds of the crime of violation of the Road Traffic Act, and on July 26, 2019, the sentence of the suspended sentence was revoked and is currently being executed in the Gwangju Prison.

【Criminal Facts】

On April 13, 2018, at around 23:38, the Defendant driven CK5 automobiles without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.194% in the section of approximately 3 km from the area of the Nam-gu, Nam-gu, Gwangju to the front side of the Dong-gu, Gwangju.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol again, and also drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and other inquiries, investigation reports (verifications on five occasions the same criminal records as the suspect), application of Acts and subordinate statutes to report criminal investigations (verifications of the suspension of execution of a suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly 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 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Defendant, as recorded in the record of the record of the crime in the judgment, has been punished several times for the same crime even before the instant crime was committed, and one of them was subjected to suspended sentence due to driving without a license for drinking alcohol, on two occasions.

On the other hand, the previous criminal records.

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