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(영문) 광주지방법원 2013.11.21 2013고단3800
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 3800] Defendant is engaged in driving a car with Bteas.

On April 30, 2008, the defendant was sentenced to a three-month suspended sentence for the crime of violation of the Road Traffic Act at the Gwangju District Court, and on June 25, 2013, the defendant was issued a summary order of KRW 5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

Although the Defendant had had a record of drinking twice or more, on August 11, 2013, at around 15:02, the Defendant driven a vehicle under the influence of alcohol concentration of about 0.050% without obtaining a driver’s license for a section of approximately 2 km from the roads of Seocho-dong Seo-gu, Seo-gu, Seo-gu to the high-speed restaurant of Seocho-dong, Seodong-gu to the roads of the same Gu Youngdong-dong.

[2013 Highest 4495] On August 24, 2013, the Defendant driven a car with B, from approximately 800 meters away from the front side of “in lux,” located in the luxe in the luxe-gun of Jeonnam-gun without obtaining a driver’s license on August 24, 2013, to the front side of the luxe station located in the same side.

Summary of Evidence

[2013 Highest 3800]

1. Defendant's legal statement;

1. Report on the status of driving on a motor vehicle and the register of driver's licenses;

1. A statement on criminal records, etc. (A)

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Unless a summary order of KRW 5 million was issued on June 25, 2013 due to the crime of violating the Road Traffic Act (driving) and even before the lapse of two months, a person driving under the influence of alcohol without a license, even though five times the same records as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed.

It has been controlled, and even before the lapse of its own name, it again leads to the unlicensed driving.

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