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(영문) 광주지방법원 2017.02.09 2016고단4108

도로교통법위반(무면허운전)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

around 16:20 on September 7, 2016, the Defendant driven a DNA car without obtaining a driver's license from around 200 meters from the front side of Gwangju Dong-gu, Gwangju to the front side of the SKJ Hospital located in 27 GJ Hospital.

On December 18, 2014, the Defendant issued each summary order of KRW 3 million at the same court on June 14, 2016, for the same offense, as the same offense. < Amended by Act No. 1283, Jun. 14, 2016>

On August 23, 2016, the Defendant driven a DNA car under the influence of alcohol content of 0.158% while under the influence of alcohol without obtaining a driver’s license, from the road located in the Gangnam-gunomb, Chungcheongnam-do, Namcheon-do, Namcheon-do, Namcheon-do, Seoul, to the road located in the school of the Cheongwon, Young-gun, Young-gun, Young-gun, Young-gun, the Defendant driven a DNA car without obtaining a driver’s license.

Summary of Evidence

"2016 Highest 4108"

1. Statement by the defendant in court;

1. Yellow dust survey report and the ledger of driver's licenses for motor vehicles: "2016 Highest 4924;

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol) of the same Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection, the fact that there is a history of punishment several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that blood alcohol level is high: Provided, That there is no criminal record heavier than a fine since 1997, and the defendant's age, sex, environment, circumstances of crimes, circumstances after crimes, etc.