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(영문) 광주지방법원 해남지원 2019.02.21 2018고단475
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on January 28, 200, issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Young-gu District Court’s Young-gu Branch’s Young-gu branch on January 28, 200; on October 9, 2007, the summary order of KRW 1 million for the same crime; on September 30, 2016, the summary order of KRW 3 million for a fine of KRW 3 million in the same court at the same court on September 30, 2016; and on August 10, 2017, the summary order of KRW 5 million was issued for the same crime at the same court.

【Criminal Facts】

On November 23, 2018, at around 19:19, the Defendant, while under the influence of alcohol at a 0.05% alcohol level, driven an E1 ton cargo vehicle from around 300 meters away from the roads near the Jindo-gun Village B, Jindo-gun to the roads near the D located in C.

2. Around December 20, 2018, the Defendant, without a car driver’s license, driven a G string vehicle from the front side of the F apartment in the Namnamnam-gun, Namnam-gun, to the middle intersection of the same military yellow mountain zone from about 19km to the middle intersection of the same military.

Summary of Evidence

"2018 Highest 475"

1. Defendant's legal statement;

1. Reporting on detection (driving and driving without a license);

1. Investigation report (in the process of detection of food driving, etc.);

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records: A copy of a reply to inquiry, such as criminal records, and a copy of each summary order;

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

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 a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

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 maximum term of the punishments prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggregated;

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