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(영문) 청주지방법원 2020.08.18 2020고단426
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[200 order 426] On February 23, 2020, the Defendant driven BM5 car from the 5km section to the Busan direction of the 291km road located in the Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-si, Seo-gu, Seo-gu, Seo-si, where the trade name is unknown in the area of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si without a driver's license on February 11, 2020.

[2020 Highest 1102] On April 13, 2020, the Defendant driven BM5 car under the influence of alcohol level of 0.081% without obtaining a driver's license from the front of the cross-point store in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the front of the D convenience store in the same city.

Summary of Evidence

[200 Highest 426]

1. Defendant's legal statement;

1. The driver's license ledger;

1. Control note (2020 highest 1102);

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to on-site photographs and reports on the occurrence of cases;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are those for the violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act in 2018, and even though there was a history of each criminal punishment due to the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in 2019, the defendant committed the unlicensed driving without a license in 2020 order and 426 cases, and the defendant did not have acquired the driver's license.

The defendant, a deaf-mute, has taken 4-5 times in the driver's license test at the investigative agency, but the problem of signation is.

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