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(영문) 부산지방법원 2017.01.13 2016고단4568
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

Reasons

(b) in the area of approximately 260 km from around 111 to the front of the 111-dong of the Do-Dong-dong Do-dong 111, the Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong, without the driver’s license.

Summary of Evidence

1. Part of the defendant's legal statement (the point of driving without a license);

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

1. A letter of reply to a request for appraisal, reply to a request for appraisal, or reply to a request for an appraisal;

1. An investigation report (the investigation into a mobile phone text message photograph, the ledger of driver's licenses, the method of phiphone medication, the results of an inquiry into a driver's license, the details of mobile phone calls, the date and time and change of place of phiphone medication, and the confirmation of text messages of phiphonephones);

1. Seizure records;

1. Previous records of a report on investigation (additional collection): Inquiry of criminal history and application of Acts and subordinate statutes of a report on investigation (verification, etc. of the period of repeated crime);

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. under the relevant Act on Criminal Facts, Article 152 subparag. 1, and 43 of the Road Traffic Act, and each choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1850, Feb. 1, 2009) is for sentencing [the scope of recommended punishment] 3 types of punishment (one year to three years) in the area of aggravation (one year to three (one year to three (3) years) in the area of aggravation (one year to three (one year to three (3) years) of punishment ] * Unlicensed driving is not subject to sentencing guidelines, and the minimum sentence of recommended punishment is limited. [the decision of sentence] The defendant has the same criminal history three times, and the defendant is a criminal committed during the period of repeated crime (the defendant re-offending again within the short period after release)

Provided, That all circumstances, such as the fact that the defendant misleads the driver without a license, the fact that the contents of the crime of narcotics are limited to a simple medication, the defendant's age, health status, family relationship, etc. shall be considered.

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