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(영문) 대구지방법원 포항지원 2016.06.02 2016고단147
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law (non-licensed driving) in the Yeongdeungpo District Court’s Young-gu District Court’s Young-gu District Court’s territorial branch on May 14, 2015, and completed the execution of the sentence on September 16, 2015.

[2016 Highest 147] On February 11, 2016, the Defendant driven a C L-W-ho vehicle without obtaining a driver’s license from the front day of the light taxi to the front day of the original daily use lawsuit in the same Dong, Korea-gu, north-gu, Seogdong at the port.

[2016 Highest 415] On March 9, 2016, the Defendant driven a C-W-type car at approximately 1km from the road front of the MBC Broadcasting Station located in the south-gu MBC Broadcasting Station at the port under the influence of alcohol level of 0.104% during blood without a vehicle driver’s license.

Summary of Evidence

【Criminal Records】

1. Written inquiry about criminal history, etc.;

1. A criminal investigation report (verification of the same record as the suspect);

1. Current status of the reduction and expropriation by individual (2016 high group 147);

1. Statement by the defendant in court;

1. Registers of driver's licenses (2016 Height 415);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Criminal Act (a punishment on March 9, 2016 and a punishment on a violation of the Road Traffic Act due to a driving without a license on the same day on the same day shall be imposed on a violation of the Road Traffic Act due to a driving without a license on the same day) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).

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