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(영문) 광주지방법원순천지원 2020.08.12 2020고단98
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 28, 2008, the Defendant received a summary order of KRW 2 million from the Gwangju District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) and on July 24, 2018, a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) from the Gwangju District Court's Netcheon Branch.

On July 28, 2018, around 12:45, the Defendant driven a DNA strawing car without obtaining a driver’s license on a one-lane road in C Hospital Drille B, from that time, until October 8, 2019, the Defendant driven the said strawing car without obtaining a driver’s license on the same 232 days in total as indicated in the attached crime log table from October 8, 2019. On September 17, 2019, around 20:24, the Defendant driven the said strawing car without obtaining a driver’s license on the top of the Fju point in C Hospital 200 meters, to the end of the H in the 200-distance city.

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. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Materials output of the details of CCTV transit in the city in 2019, such as investigation report (verification of the details of transit without a license of a suspect), the documents of request for cooperation with an investigation, the printed materials of transit details, the investigation report (specific frequency of driving without a license, etc.), and the

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of suspect's previous records and judgments), application of statutes in four copies of judgment;

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 imposed on a violation of Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (free License) committed on September 17, 2019, whichever are heavier);

1. Selection of each sentence of imprisonment;

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

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