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(영문) 전주지방법원 군산지원 2015.08.13 2015고단522
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (unlicensed Driving) at the Jeonju District Court on July 20, 2012, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act, and the same criminal records are up to six times.

【Criminal Facts】

On April 18, 2015, at around 01:00, the Defendant driven Birst car with blood alcohol concentration of about 0.168% without a car driver's license in the 10km section around the road near the Ducuk-ro Gongcuk-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Residents and driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The reasons for sentencing under Articles 40 and 50 of the Criminal Act (Punishment prescribed for the crime of violation of the Road Traffic Act with heavier punishment) of the Commercial Concurrent Act shall be determined as ordered by the defendant, in consideration of the fact that the defendant makes repeated drinking, without a license, even though the records of punishment for drinking, without a license are included several times, including the previous convictions before suspension of execution, and that the blood alcohol concentration is higher than 0.168%;

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