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(영문) 광주지방법원순천지원 2020.10.22 2020고단49
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 16, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's 2006. On September 30, 2011, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act. On November 29, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act from the Gwangju District Court's Macheon Branch's 200,000 won. On November 25, 2014, the Defendant was sentenced to a suspended sentence of 6 months and 2 years of imprisonment with prison labor for a violation of the Road Traffic Act from the Gwangju District Court's Macheon Branch Branch's 2005.

【Criminal Facts】

On December 23, 2019, at around 21:45, the Defendant driven a D low-priced car with alcohol concentration of 0.166% while under the influence of alcohol at the front of C in Gwangju-si B.

around 15:30 on July 2, 2020, the Defendant driven a D low-speed car without obtaining a driver's license on the front road located in E at the Mineyang-si.

Summary of Evidence

1. A report on the circumstantial statement of a defendant's statutory statement of "20 high-class 49 high-class 2020 high-class 49;

1. Response to the request for appraisal;

1. Previous records of a judgment: Criminal records, etc., inquiry reports, investigation reports, each summary order, and "20 high-ranking order 1643";

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (unlicensed Driving) and selection of imprisonment with prison labor, each of which is chosen;

1. From among concurrent crimes, the following circumstances as well as the defendant's age, character and conduct, environment, and crime under Articles 37 (former part), 38 (1) 2, and 50 (Aggravation of concurrent crimes with the punishment imposed for a violation of the Road Traffic Act heavier than the punishment) of the Criminal Act and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation:

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