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(영문) 광주지방법원순천지원 2020.08.20 2019고단3197
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 power] On August 31, 2015, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support on August 31, 2015, and a summary order of KRW 4 million as the same crime in the same court on July 4, 2017.

【Criminal Facts】

1. On August 16, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) around 10:27, the Defendant driven the D SP car without obtaining a driver’s license on the front of the C-Road located in Net City B, and thereafter, operated the D SP car on 92 occasions, as described in the attached list of crimes, from December 6, 2019 to December 20:06.

2. Around December 21, 2019, the Defendant was driving a motor vehicle in the above Swiss area under the influence of alcohol level of 0.047% without obtaining a driver’s license in approximately 500 meters from the Do in front of the E apartment in the Net City to the G cafeteria road located in the Net City F, the Defendant was under the influence of alcohol level of 0.047%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Investigative report (in the case of data on CCTV perusal using a numbered CCTV in the Yellow-si, a day-to-day), and data on details of passage;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the previous records, summary orders, etc.), and application of Acts and subordinate statutes of each summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime (the point of a driving without a license) and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (the point of a driving without a license before partial amendment by Act No. 17371 of Jun. 9, 2020);

1. Articles 40 and 50 of the Criminal Act (the punishment imposed between the crimes of violation of the Road Traffic Act by December 6, 2019 and the crimes of violation of the Road Traffic Act by December 6, 2019, and the punishment imposed on a person who has heavier punishment);

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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