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(영문) 창원지방법원 통영지원 2018.12.12 2018고단667

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2018 Highest 667] On May 12, 2018, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from around about 20km of approximately 20km from the front of the North-gun, Do-gun B market in North-do to the front road of the Do-gun, Do-gun, Gyeongnam-do.

[2] On February 11, 2010, the Defendant issued a summary order of KRW 4 million on September 5, 2013 to a fine of KRW 1.5 million on the ground of a violation of Road Traffic Act (driving) at the Changwon District Court's Jinju Branch's Seoul District Court's order on February 11, 201, and on September 5, 2013, the same court issued a summary order of KRW 1.5 million on the ground of a violation of Road Traffic Act (driving).

[2] On September 20, 2018, the Defendant driven a C 2 truck without obtaining a driver’s license from the section of approximately 150 meters of alcohol content in blood to the front side of the G oil station located in F at the E parking lot located in D at a large scale of around 21:00 to September 20, 2018.

Summary of Evidence

[2018 Highest 667]

1. Statement by the defendant in court;

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

1. Registers of driver's licenses (2018 Height 1,309);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, report on the situation of driving of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (in relation to confirmation of the suspect's records of drinking alcohol, confirmation of the same criminal records);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (hereafter referred to as "driving without a license") concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license");

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Road Traffic Act in the case of 1309 highest order of 2018 and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55(1)3.