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(영문) 서울서부지방법원 2015.05.07 2013고단1695
도로교통법위반(무면허운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 21:40 on December 12, 2012, the Defendant, “2013 Highest 1695,” without obtaining a driver’s license in the section of approximately 11 km from the head of the Gyeonggi-gu, Seoul, to the road of approximately 308 Go-dong, Eunpyeong-gu, Seoul, the Defendant driven a clance car owned by the (ju) mining industry.

around 00:52 on October 11, 2014, the Defendant driven a Dbenz car over about 300 meters in the vicinity of the oil station in Mapo-gu Seoul Metropolitan Government Joint Zone from around 200:128% under the influence of alcohol without obtaining a driver’s license.

around 00:35 on January 24, 2015, the Defendant driven an Efranchising car without obtaining a driver’s license from around 500 meters to the front day of the regular course of business located in the same Gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 2 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 Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) as of October 11, 2014, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes as provided for in the offense of violating the Road Traffic Act, the largest punishment];

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant has been punished several times for driving without a license, and the defendant has repeatedly driven without a license even while being tried for a criminal trial due to a license without a license, and a drinking driving is also conducted in the process.

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