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(영문) 서울중앙지방법원 2017.03.22 2016고단3924

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

On April 29, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution due to a violation of the Road Traffic Act (drinking driving) in the leisure support by the source of the water source method, and was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) in the support of the source of the water source method, on August 24, 2012, and on April 14, 2016, the Seoul Central District Court issued a summary order to be sentenced to 5 million won of fine by a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court.

On May 31, 2016, at around 07:17, the Defendant driven a vehicle with a alcohol level of 0.124% from blood alcohol level without a driver’s license, and the Defendant driven a vehicle with a width of about 2km in the section of approximately 2km from the Blue House of Ansan-si to the front of the same 470-ro for use (referred to as this Do).

The Defendant, “2016 Highest 6018, the Defendant, without obtaining a driver’s license, driven a car in the vicinity of the new engineer distance No. 610, 37, as of August 2, 2016, around the 610-ro 37, in the city of the Gyeonggi-do.

Summary of Evidence

"2016 Highest 3924"

1. Statement of the defendant in the third public trial records;

1. Report on the circumstances of driving without a license and report on the circumstances of driving at home;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. "Inquiry about criminal history, reporting on the results of confirmation of previous convictions on each disposition (including each judgment, summary order, and amnesty 58080 to 56, 2016)."

1. Statement of the defendant in the third public trial records;

1. Reporting on detection of violations of traffic laws on roads;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a person who drives a motor vehicle without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are as stated in its reasoning.