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(영문) 대구지방법원 경주지원 2016.06.15 2015고단904
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 11, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (unlicensed driving) in the Daegu District Court racing support, etc. on August 11, 2014, and on June 19, 2014, the above judgment became final and conclusive and conclusive on June 19, 2014, and was punished for drinking driving four times.

[2015 Highest 904] On October 6, 2015, the Defendant driven a C low-speed car without obtaining a driver’s license from approximately 500 meters away from the 16:40 on the roads near the substation-dong, Dongcheon-si, Dongcheon-si to the roads near the Han River-dong.

[2016 Height 335] On May 3, 2016, the Defendant driven a C low-speed car while under the influence of alcohol of about 0.125% while under the influence of alcohol without obtaining a driver’s license from approximately 400 meters from the front side of the 143-gil, which is located at the early 10:3, from the front side of the 143-lane, from the front side of the race-si of the racing-si, to the front side of the Dongcheon Police Station, which is located at the 65-ro, from the front side of the race-si.

Summary of Evidence

[2015 Highest 904]

1. Statement by the defendant in court;

1. Report on detection of suspected victims of violation of the Traffic Act (non-licenseed driving) on the road, and the driver's license register of motor vehicles (2016 order 335);

1. Statement by the defendant in court;

1. Report on the occurrence of a case of drinking, driverless driving without a license, report on the circumstances of the driver driving, notification of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 of the Commercial Concurrent Crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) on May 3, 2016);

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person who violates the Road Traffic Act with heavier punishment).

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