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(영문) 청주지방법원 충주지원 2019.07.05 2019고단203
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 31, 2007, the Defendant issued a summary order of KRW 2.5 million by the same court in the same court on August 16, 201 as a fine for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on October 31, 2007; and on March 21, 201, the same court issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving). On September 20, 201, the same court was sentenced to the suspension of the execution of imprisonment for six months for a violation of the Road Traffic Act (driving). The above judgment became final and conclusive on September 28, 2017.

【Criminal Facts】

On February 26, 2019, at around 03:40, the Defendant driven a DNA strawing car with a 0.113% alcohol concentration, without obtaining a driver’s license, from the front of the “C” road located in Chungcheong City B to the front of the city bus3 street located in the same cultural Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Registers of driver's licenses;

1. Criminal records: Application of criminal history records, inquiry reports (A), investigation reports (report during the suspension of execution of Apact driving cases by a suspect), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The sentence shall be imposed in consideration of the fact that there exists a record of criminal punishment several times for driving under the influence of alcohol for the reason of sentencing selective sentencing of the sentence, the fact that the sentence was repeated during the suspension period of the execution of imprisonment due to drunk driving, blood alcohol concentration, criminal records, circumstances after the crime, and other conditions of sentencing.

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