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(영문) 창원지방법원 통영지원 2017.10.20 2017고단444

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

On March 28, 2017, the Defendant driven a knife vehicle at a section of about 600 meters from the 14:25 minutes to the nife road of the same side without obtaining a driver's license for a motor vehicle on March 28, 2017.

On August 21, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (drinking) at the Changwon District Court’s Tong-gu branch on August 21, 2015, and two years of suspended execution. On March 9, 2011, the Defendant violated the prohibition of drinking, such as being sentenced to a fine of three million won or more for a violation of road traffic law (drinking) at the Changwon District Court’s Tong-gu branch branch on March 9, 201.

On May 14, 2017, the Defendant driven a CUP car under the influence of alcohol level of about 0.251% in alcohol level from a section of about 2 km to the front of the hotel in the 2244 Dom, as a macro-city, from the front of the Gyeong-gu Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

Summary of Evidence

"2017 Highest 444"

1. Statement by the defendant in court;

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

1. The driver's license ledger and the driver's license ledger of a motor vehicle shall be 2017 high group 1131;

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking and report on the circumstances of the driver of drinking;

1. The driver's license ledger and the driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (see e.g., grounds for sentencing)

1. In addition, the defendant has the record of committing the crime of driving under drinking, which has already been conducted several times on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, and the defendant commits the crime of driving without obtaining a license during the suspension period due to drinking driving.