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(영문) 의정부지방법원 2014.04.25 2013고단849
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 27, 2010, the Defendant was sentenced to one year in Seoul High Court to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul High Court on December 21, 2011, and completed the execution of the sentence in a medical prison on December 21, 201.

[2013No. 849] On February 27, 2013, the Defendant driven a cub motor vehicle in B without obtaining a driver’s license from the front of the modern hospital located in the Jinyang-si, Jin-si, Chungcheongnam-si to the Maneung-ri, 751, located in the same Eup/Myeon-ri 751.

[2013 Highest 1936] Around 11:00 on May 6, 2013, the Defendant driven a B Ecccoo car under the influence of alcohol concentration of 0.072% without obtaining a driver’s license at a section of about 15 km of Geumyang-si, Geumyang-si, Geumyang-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Inquiry into the driver's license ledger;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous records: The application of inquiry reports and investigation reports (reports on criminal records, etc. of suspects) and statutes, including criminal records;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 3 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 each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act can be seen as having been previous and previous. In particular, the defendant had been sentenced to imprisonment with the same vehicle with the same driver without the license and had been driving without the license for the same vehicle during the period of repeated crime, and the driver was driving without the license for the same driver without the license and driving without the license for the same vehicle for two months, and the driver was driving without the license for drinking or driving without the license for the same her mother and child at the same time for two months, and

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