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(영문) 광주지방법원 순천지원 2020.06.24 2020고단119
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On March 5, 2019, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Gwangju District Court's net support on March 5, 2019.

On June 14, 2019, at around 19:15, the Defendant driven a DK5 vehicle without obtaining a driver’s license, from one-lane in front of C in the net City B, from that time, to August 19:15, 2019, the Defendant driven the said vehicle without obtaining a driver’s license in the same manner as in the list of crimes, as shown in the attached Table from August 27, 2019. On December 23:41, 2019, the Defendant driven the said vehicle without obtaining a driver’s license on the same 22-day basis as in the list of crimes. On December 23:41, 2019, the Defendant driven the said vehicle under the influence of 0.88% alcohol level without obtaining a driver’s license in the 1km section from the front of F restaurant in the net City E to the H in the

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 (with respect to whether a licenseless driving is added) and a list of crimes;

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 one 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 for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspension of execution under Article 62(1) of the Criminal Act repeats the driver’s license after the revocation of the driver’s license for driving under the influence of alcohol in 2019, and re-driving under the influence of alcohol is disadvantageous circumstances, not only the previous two times of fine, but also the previous two times of fine, and the previous case of driving under the influence of alcohol is assigned once

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