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(영문) 광주지방법원 순천지원 2020.06.03 2019고단3106
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 June 21, 2007, the Defendant was issued a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on May 9, 2019, issued a summary order of 4 million won of a fine by the same court as the same crime.

1. Around 14:25 on December 4, 2019, the Defendant driven B 3 cargo vehicles under the influence of alcohol content of about 0.049% at a section of about 15km in front of the intersection of the annual salary if the occupation of the same Gun is located in the same line from the front of the Yeongdeungpo-gu, Goakdong-gu, Chungcheongnam-gu, Goungdong-gun, Goungdong-gu.

2. On December 4, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) around 14:25, and around 14:25, the Defendant driven the B 3 truck without obtaining a driver’s license from around 15 kilometers in front of the intersection of the annual salary at approximately 15 kilometers, and operated the B 3 truck without obtaining a driver’s license from around 09:46 on November 10, 2019 to December 5, 2019, as shown in the list of crimes in the attached Table.

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. Previous records: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes of a copy of 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 imposed on a violation of Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of December 4, 2019 (a person who commits a violation of the Road Traffic Act) and a violation of the Road Traffic Act of December 4, 2019, with heavier 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. Article 62 (1) of the Criminal Code and two times of the suspended execution, but they shall be fined twice.

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