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(영문) 광주지방법원 목포지원 2019.11.26 2019고단716
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 11, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on June 11, 2009, and on July 17, 2015, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

Criminal facts

On June 17, 2019, at around 00:16, the Defendant driven a gallon car without obtaining a driver’s license, while under the influence of alcohol concentration of approximately 0.196% from the 4km section from the front of the C cafeteria located in Yong-gun, Yong-gun, Youngnam, to the front of the D, Young-gun.

As a result, the defendant, even though he had a driving force twice or more, has driven a motor vehicle without obtaining a driver's license in the state of drinking.

around 10:35 on September 7, 2019, the Defendant driven a car with gallon owned by the Defendant from approximately 1.8 km to the front of the Yong-nam Cancer-gun, Seoul, without obtaining a driver’s license, to the front of the same military G, on the gallon road owned by the Defendant.

Summary of Evidence

"2019 Highest 716"

1. Defendant's legal statement;

1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;

1. A report on the actual state of the driver;

1. Investigation report (e.g., drinking or driving distance without a license);

1. Before judgment: A copy of criminal records, investigation reports, and summary order "2019, 1167";

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and the statutes concerning disqualified meetings of the main office;

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. From among concurrent offenders, the accused for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be a driver without a drinking license.

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