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(영문) 광주지방법원 순천지원 2019.07.19 2019고단792
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 27, 2018, the defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor for a violation of the Road Traffic Act in the Gwangju District Court's net order support on April 27, 2018, and such judgment becomes final and conclusive on May 5, 2018 and is currently under suspended sentence.

In addition, in addition to the above judgment, the Defendant has been punished for violating Article 44(1) of the Road Traffic Act on September 28, 2012 by receiving a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court branch on September 28, 2012, and a summary order of KRW 2.5 million for the same crime at the same court on January 15, 2015, respectively.

On March 17, 2019, at around 20:38, the Defendant driven a F bombCC car without a car driver’s license in the 1km section from the front of the “C” restaurant located in the Macheon-si B to the roads near the southwest in the same city D around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, report on the circumstances of driving without a license, report on the circumstantial statement of a driver with a driver with a license, and inquiry into the results of regulating drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (including summary orders of identical criminal records, copies of output of written judgments, attached materials attached thereto), and other Acts and subordinate statutes;

1. 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 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant has been punished several times for the same kind of crime, and in particular, even though the driver's license has been revoked during the suspended execution period for the same crime, a sentence of sentence on the defendant is inevitable in light of the fact that the defendant committed the crime in this case.

(b).

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