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(영문) 대구지방법원 영덕지원 2013.03.06 2012고단224
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of the Road Traffic Act, etc. at the Ulsan District Court on October 17, 2012, and the said judgment became final and conclusive on October 25, 2012.

On October 15, 2012, the Defendant driven the B-wing truck without obtaining a driver's license, from the French road in Ulsan, to the front side of the Songdo Public Security Center located in the Gyeongdo-ri, in the direction of the 90km.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Each entry into the report on detection of unauthorized Drivers, the inquiry into driver's licenses, and the next inquiry; and

1. Before ruling: Application of each Act or subordinate statute stated in a reference report, such as criminal records, a statement of fact before and after disposition, and an investigation report (Attachment of a copy of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act on June 13, 2012, when the Defendant was under the influence of alcohol of 0.082% without a driver’s license, and was under the influence of alcohol of 0.082%, the Defendant committed the same kind of crime in the instant case while being tried on October 25, 2012 due to the violation of the Road Traffic Act (unlicensed Driving) on October 17, 2012.

In addition, the defendant had been punished for the violation of the Road Traffic Act (unlicensed Driving) several times in addition to the previous judgment of women while driving a motor vehicle without a driver's license since the revocation of the driver's license in 192, and the distance of driving without a driver's license in this case is also the long distance.

In light of the above defendant's legal attitude, the defendant is the defendant.

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