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(영문) 수원지방법원 여주지원 2016.05.03 2015고단1210
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 25, 2008, the Defendant was sentenced to six months of imprisonment due to a crime of violating road traffic law (drinking in drinking), and on March 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violating road traffic law (drinking in drinking), and completed the execution of the above punishment on February 25, 2013.

[2015 Highest 1210] On December 2, 2015, the Defendant driven a C-wing truck under the influence of alcohol of about 0.175% while under the influence of alcohol without obtaining a driver’s license from around 17:10 to around 178, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gu, Yangyang-si, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gun, Yangyang-gun, Yangyang-gu.

[2016 Highest 47] On December 20, 2015, the Defendant driven a C-wing truck without obtaining a driver’s license from around 2 km to the front road of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road by the Defendant, which is located in Gyeonggi-si D.

Summary of Evidence

[2015 Highest 1210]

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A report on the detection of a primary driver;

1. Registers of driver's licenses (2016 Height 47);

1. Statement by the defendant in court;

1. E statements;

1. Mebato;

1. Photographs;

1. Application of Acts and subordinate statutes to inquiries, such as the ledger of driver's licenses (before judgment), criminal history, and criminal records, and reports on investigation (report on confirmation of period of repeated crimes);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a person on December 2, 2015, who violates the Traffic Act of the Republic of Korea, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, or a punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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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