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(영문) 대구지방법원 안동지원 2015.01.23 2014고단852

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2014 Highest 852] Around 01:00 on October 22, 2014, the Defendant, without a driver’s license, driven a C 1ton truck from the Southern Roter who is in a permanent state of temporary stay of 0.172% under the influence of blood alcohol level on October 22, 2014 to the front road of the community hall located in the same city of stability.

[2014 Highest 1009]

1. On October 21, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) around October 21, 2014, without a driver’s license on October 22 and 30, 2014, driving C-W-W-W-C-W-W-C-W-W-C-W-W-C-W-C-W-C-W-C-W-C-W-C-C-W-C-W-C-

2. On November 21, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) around November 21, 2014, without a driver’s license on November 21, 2014, driving the said cargo vehicles without a driver’s license on November 21, 2014, up to the front of the office of a railroad engine, which is formed as a permanent resident from the Defendant’s house located in D at a permanent resident time,

Summary of Evidence

[2014 Highest852]

1. Defendant's legal statement;

1. The circumstantial statement of a driver of an alcoholic beverage (2014 high group 1009);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between the crimes of running without a license of October 22, 2014 and the crimes of driving under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had a record of being sentenced to a suspended sentence of the past drinking traffic accidents, but has also been drinking or driving without a license during the period of the suspended sentence. The defendant was engaged in driving without a license even after the occurrence of the above case. The defendant's sentence on the defendant is inevitable.

. The above.