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(영문) 수원지방법원 안양지원 2017.08.10 2017고단1165
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 9, 2007, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) in the support of the Suwon Flag, and on August 24, 2009, the Defendant was sentenced to a summary order of KRW 4,00,000 for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the same court on August 18, 2013. On December 18, 2013, the Defendant was sentenced to imprisonment for one year and three years for a suspended sentence, and was sentenced to a fine of KRW 10,000 for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 15, 2015.

[2] On July 25, 2016, the Defendant driven a vehicle CK5 vehicle without obtaining a driver’s license in the state of alcohol concentration of about 7km from around 06:32 to around the road before the public vehicle notification of the vehicle in the military air, which is located in the military air route in Ansan-si, Ansan-si.

Therefore, even though the Defendant violated the prohibition of drinking driving at least twice, the Defendant again violated the prohibition of drinking driving, and at the same time driven the said vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (attaching sentence, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The Defendant not only has been punished for drinking, etc., on several occasions, but also has been sentenced to a suspended sentence on December 18, 2013 due to drinking or non-licensed driving on December 18, 2013, and had drinking or non-licensed driving during the grace period, while receiving the prior notice of a fine, and again has a drinking or non-licensed driving.

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