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(영문) 광주지방법원 2021.01.21 2020고단3763
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal history] On June 20, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on the same day, and was charged with non-detained for the same crime on July 29, 2020.

[Criminal facts] 2020 Maz. 3763

1. On July 15, 2020, the Defendant, without obtaining a driver’s license of a motor vehicle around 20:00, driven a Dobrid motor vehicle from the mutual infinite golf practice place to the restaurant located in the same Gu B from the G-dong, Seo-gu, Gwangju to approximately two kilometers.

2. On July 16, 2020, the Defendant continued to drive D Habrid Habrid car at approximately 20 meters away from the above C restaurant underground parking lot at approximately 0.143% under the influence of alcohol content during blood without obtaining a driver’s license on July 16, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

around 01:00 on September 29, 2020, the Defendant driven a DNA car with alcohol content of about 0.155% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from around 30 meters to the front road in Gwangju Mine-gu, Gwangju, about 01:00.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drinking at least twice.

Summary of Evidence

【2020 Highest 3763】

1. Statement by the defendant in court;

1. The driver's license ledger of a motor vehicle report stating the circumstances of the driver's license;

1. The defendant's statement in the court of the 2020 upper end 5364, 2020 by cutting down a black stuff image;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. "Prior Records of the judgment" of the driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (referring to the filing of the same type of criminal records and the summary order);

1. Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2(1) and 44 of the Road Traffic Act concerning the choice of punishment.

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