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(영문) 광주지방법원 목포지원 2020.02.14 2019고단1558
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On January 24, 2003, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving on drinking), etc. at the wooden Branch of the Gwangju District Court, and on May 31, 2011, the same court issued a summary order of KRW 3 million for the same crime, and on October 28, 201, the same court issued a summary order of KRW 4.5 million for the same crime, and on May 19, 2017, the said judgment became final and conclusive on May 17, 2017.

【Criminal Facts】

1. Around 19:00 on November 20, 2019, the Defendant driven a D car without obtaining a driver’s license, from around 1km to the road in front of the Defendant’s father’s house, which was located in C from the front of the Defendant’s house in the front of his/her house, to the front of his/her father.

2. On November 20, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) even though he had the record of being punished for driving under the influence of alcohol as above, the Defendant driven a D car under the influence of alcohol with approximately 15 meters of alcohol level 0.248% of alcohol level without obtaining a driver’s license, from the Defendant’s father’s house located in the Donnam-gun, Nannam-gun, Nannam-gun, Seoul to the end of a cafeteria located in E.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident (1), (2), and a photograph of the accident site;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the control results of drinking driving, and the ledger of driver's licenses;

1. Previous convictions indicated in judgment: The results of criminal records and the application of Acts and subordinate statutes governing investigation reports (Attachment to the same kind of electric records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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