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(영문) 광주지방법원 순천지원 2020.06.04 2019고단3062
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 4, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 09:10, the Defendant driven a D QM5 vehicle without obtaining a driver’s license at the first-lane of C in order to drive the vehicle, and thereafter, operated the vehicle without obtaining a driver’s license, from September 16, 2019 to September 15:43, 2019, respectively, in the same manner as indicated in the annexed crime list.

2. On September 12, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) and the Defendant driven the said QM5 vehicle while under the influence of alcohol of about 0.049%, without obtaining a driver’s license, from the front of a restaurant in which it is impossible to know the trade name in the Municipal Ordinance-Dong of Macheon-si to the front of the Fval Care Hospital located in the 1km city E at the net City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Investigation reports (related to the verification of CCTVs in the Ycheon-si), the details of the passage of number-type CCTVs, and the application of statutes on number-type CCTV photographs;

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

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes ( between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act of September 12, 2019, and punishment provided for in the crimes of violating the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The sentence is based on the following circumstances in the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all of the sentencing factors expressed in the trial process of the instant case, including the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime.

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