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(영문) 광주지방법원 순천지원 2020.06.10 2020고단60
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2019, the Defendant received a summary order of KRW 10 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on October 15, 201.

On October 11:29, 2019, at around 11:29, the Defendant driven a BSP car without obtaining a driver’s license in two-lanes in front of the national capacity of the Republic of Korea located in the Hongcheon-si, Macheon-dong, and thereafter, from December 7, 2019 to December 20:55, the Defendant driven the said SP car without obtaining a driver’s license through the same four times in total as indicated in the list of crimes in the attached Table from December 7, 2019. From around 20:30 on December 7, 2019 to 20:55, the Defendant driven the said SP car under the influence of alcohol concentration of approximately 7 km alcohol level without obtaining a driver’s license from the Do in front of the Defendant’s residence in the East-si, Macheon-dong to the road in front of the storage parking lot in the 0.154%-meter.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. A investigation report (related to the CCTV images to be read in the ethical Viewing Vehicle), one copy of the vehicle passing details, and a photograph of the CCTV images to be read in the ethic Viewing Vehicle;

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

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. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of December 7, 2019).

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act provides for a suspended sentence on August 28, 2019.

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