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(영문) 광주지방법원순천지원 2020.09.18 2019고단3132
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 11, 2007, the Defendant received a summary order of KRW 2.5 million for the violation of the Road Traffic Act (driving) from the Gwangju District Court’s Macheon Branch, and a summary order of KRW 5 million for the same crime in the same court on December 11, 2013.

【Criminal Facts】

On April 28, 2019, around 09:30, the Defendant driven a Drocketing car without obtaining a driver’s license on the Da Hospital Construction Road located in C Hospital B, and from that time, from September 25, 2019 to September 23:05, the Defendant driven the said car without obtaining a driver’s license on a total of 35 occasions in the same 35 times in the same manner as indicated in the attached list of crimes, and around September 25, 2019, around 22:30, 2019, the Defendant driven the said car under the influence of alcohol concentration of approximately 0.044%, without obtaining a driver’s license, from around 200 meters in the front of the F in 200 meters in net City to the front of the H restaurant located in G in netcheon City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Investigation report (in the case of data on the inspection of CCTV on the one-day number reading in the Yellow-si, 9 copies of data on the details of passage, and nine photographs; and

1. One CD, including a report on investigation (matters of the direction of the inspection), two copies of a list of crimes, vehicle numbers, identification photographs, etc.;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the previous records, summary orders, etc.), and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment imposed on a violation of Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of September 25, 2019, which are heavier than that of a violation of the Road Traffic Act).

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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