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(영문) 광주지방법원순천지원 2020.11.06 2019고단3204
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On March 22, 2018, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support.

【Criminal Facts】

On July 13, 2019, at around 20:55, the Defendant, at around 20:55, driven a Dununauthorized car with a blood alcohol concentration of about 0.071% without obtaining a driver’s license in the section of about 1km from the front of the Hadong-gun B to the front of the Dandong-dong-dong-dong, and operated without obtaining a driver’s license and driving under the same method as indicated in the list of crimes, from around 17:11 on June 4, 2019 to July 10:17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Investigation reports (Attachment to details of operation of suspect vehicles);

1. Investigation report (Attachment to details of driving without obtaining a license of a suspect), and detailed specifications of operation;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry reports on criminal records, investigation reports (Attachment to criminal records of the same kind of criminal suspect), copies of written judgments, etc.;

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 (a without a license) committed on July 13, 2019, whichever is heavier);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, as well as the past suspension of execution, may have been sentenced to a previous conviction for driving alcohol without obtaining a license; and (b) the Defendant, in particular, was sentenced to a suspended sentence of imprisonment for six months on March 22, 2018, for the reason of the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the net support of the Gwangju District Court, and the judgment becomes final and conclusive on March 30, 20

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