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(영문) 광주지방법원 2019.10.17 2019고단2088
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 21, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court. On November 19, 2015, the Defendant was sentenced to a fine of KRW 5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On April 26, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for a crime of violation of the Road Traffic Act (non-licensed driving) at the Gwangju District Court, and on May 4, 2018, was sentenced to a suspended sentence.

【Criminal Facts】

On June 10, 2019, the Defendant driven a D Poter truck with approximately 5km section from the roads near the Seo-gu Macheon-dong reservoir in Gwangju to the roads near C in Gwangjubuk-gu, Gwangju, without obtaining a driving license, while under the influence of alcohol content 0.161%, while under the influence of alcohol content 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Criminal records: An inquiry letter, each summary order, and application of court rulings or statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. As seen in the criminal records in the judgment of the reasons for sentencing the choice of imprisonment with prison labor, as seen in the judgment of the reasons for sentencing, the Defendant has already been punished two times due to drunk driving or driving without a license, and the Defendant, who is under suspension of the execution, is inevitable to choose imprisonment in that he/she has already been sentenced to a suspended sentence due to driving without license, and is engaged in driving without a license during the suspended period. As long as he/she selects imprisonment, he/she

(b) other.

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