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(영문) 대구지방법원 경주지원 2017.07.20 2017고단203
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 26, 2005, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, on December 12, 2013, and was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and its Daegu District Court and its racing support on February 16, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (dacting driving) and for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (dacting Driving) at the Daegu District Court and its Daegu District Court and its branch on February 21, 2017.

[Criminal facts] From March 5, 2017, the Defendant driven a D Ssp-type car without a driver’s license from the front door of the B. B. L. L. L. L. 203-24, 203 to the front side of the T. B. L. L. 24 km in Ulsan-gu, Ulsan-do, U.S., Ulsan-do, to the front side of the T. B. 09:48 on the day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reporting on detection of violation of traffic laws (driving without a license), ledger of licenses, investigation reports (a specified period of driving without a license, distance, and other sentencing data attached);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings related to such previous decisions), and application of the statutes governing the judgment;

1. Although the relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act on criminal facts were sentenced to amnesty on August 15, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daegu District Court and Racing Support on February 16, 2015.

Nevertheless, on January 21, 2017, a person committed a crime of drinking without a license even though he/she was sentenced to a fine of KRW 4 million from the same court on February 21, 2017.

In addition, the defendant is guilty of driving alcohol more than twice.

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