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(영문) 전주지방법원 남원지원 2020.01.14 2019고단232
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On January 15, 2010, the defendant was sentenced to a summary order of KRW 3 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the Gwangju District Court on January 15, 2010, and was punished for the violation of the Road Traffic Act three times and four times.

【Criminal Facts】

On September 27, 2019, at around 18:45, the Defendant driven a e-learning car under the influence of alcohol concentration of 0.075% without a car driver’s license in the 1km section from the vicinity of the restaurant to the D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

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

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. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: The sentence shall be determined in the same way as the order is, taking into account the following circumstances as a year of imprisonment, taking into account the defendant's age, environment, motive for committing a crime and circumstances after committing a crime, taking into account various factors of sentencing as shown in the arguments in this case.

【Unlimited circumstances】 Driving without a license may cause serious damage to the life, body, and property of another person.

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