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(영문) 대전지방법원 홍성지원 2018.02.12 2017고단382
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2016, the Defendant driven Cenz S350 vehicles without obtaining a driver’s license from around 500 meters from the front day of the public relations station at Bocheon-si to the front day of the same side of the 500-meter long-distance.

On March 3, 2016, the Defendant driven on March 22:11, 2016, the Cbenz’s vehicle weighted 0.147% alcohol level in blood, while driving the Cbenz’s vehicle level in the state of alcohol leveling 0.147% from the front day of the Benk-si, Boh-si, Bohyeong-si to the front day of the Penk-si.

Summary of Evidence

"2017 Highest 382"

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the report on the circumstances of driver's licenses without permission shall be made "2017 Highest 518";

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger of driver's licenses, notification of the results of crackdown on drinking driving, and the circumstantial statement report of drivers;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the 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 imprisonment with prison labor chosen;

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

1. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and all the conditions of sentencing recorded in the records, such as Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the sentence as ordered shall be determined.

There is a record of being punished several times for the same crime that the crime of this case was committed.

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