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(영문) 전주지방법원 군산지원 2015.09.04 2015고단550
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2013, the Defendant sentenced 8 months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in military mountain support by the Jeonju District Court on July 17, 2013, and completed the execution of the sentence in the military prison on February 7, 2014.

[2015No. 550] On May 1, 2015, the Defendant driven a Cwing-III truck without obtaining a driver’s license in a section of approximately 3 km in a section of 3 km in the vicinity of the Gyeongsan-si, which is located near the central market located in the Donsan-si, Seosan-si.

[2015No. 704] On May 1, 2015, the Defendant driven a Cwing-III truck that is not subscribed to mandatory insurance without obtaining a driver’s license in the section of about 1.5 meters of blood alcohol content at approximately 0.242%, while under the influence of alcohol with about 0.242% of alcohol, from the front of the house where the address less than D is unknown, from May 1, 2015.

Summary of Evidence

[2015 Height550]

1. Defendant's legal statement;

1. The register of driver's licenses (A).

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. The ledger of driver's licenses, the register of motor vehicles, the register of motor vehicles, the detailed inquiry, the details of mandatory insurance, etc.;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of suspect repeated records);

1. Subparagraph 1 and subparagraph 43 of Article 152 of the Road Traffic Act (the point of driving without a license) as to the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving without a license), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving without a mandatory insurance vehicle);

1. Crimes of the violation of the Road Traffic Act due to the unauthorized driving of a license referred to in Articles 40 and 50 (2015No. 704) of the Commercial Concurrent Crimes Act and between the crimes of the violation of the Road Traffic Act due to the drunk driving; the punishment shall be imposed on the crimes of the violation of the Road Traffic Act due to the heavier drunk driving);

1. Selection of each sentence of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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