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(영문) 광주지방법원 2015.12.22 2015고단4510
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

On September 11, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 3, 201, a fine of three million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 3, 2014, and a fine of six million won on January 28, 2015 by the same court on January 28, 2015.

On November 11, 2015, at around 20:00, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.072% without obtaining a driver’s license from the 1km section of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the next road of the Maz apartment, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend education under Article 62-2 of the Criminal Act, the defendant's punishment for drunk driving and non-licensed driving (limited to three times from 2007 to 2015 for drinking driving without a license and has no record of fine or heavier punishment from 2008 to 2015 for driving without a license), driving distance, blood alcohol concentration, the defendant's age, character and behavior, environment, health conditions, the circumstances after the crime, etc., shall be comprehensively considered and determined as the order of the punishment as shown in the instant argument.

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