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(영문) 창원지방법원 통영지원 2018.03.14 2017고단1174
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2017 Highest 1174] On June 9, 2017, the Defendant driven a C SP car without obtaining a driver’s license from the Do before the flood control center located in the same Dong-dong at the time of the passage of the Dong-gu around June 15:25.

[2018 Highest 62] The Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law (drinking) in the Changwon District Court’s Tong-gu branch on May 17, 2017. On April 21, 2010, the Defendant was sentenced to 10 months of imprisonment, 3 times of suspended execution, and 5 non-licensed driving power.

[2] On December 1, 2017, the Defendant, without a driver’s license, violated the foregoing two or more times by driving a motor vehicle, but was under the influence of alcohol concentration of 0.159% in blood, and was driving C Sspke motor vehicle from approximately 200 meters at the same time to the front road of the apartment.

Summary of Evidence

[2017 Highest 1174]

1. Statement by the defendant in court;

1. A report on investigation (a report on control details);

1. Registers of driver's licenses and details of revocation of driver's licenses (2018 high group 62);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (referring to a violation of traffic laws in the case of 62 highest order of 2018) and the crimes of violation of traffic laws in the case of roads, and punishment provided for in the crimes of violation of traffic laws which are heavier than punishment;

1. Punishment;

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