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(영문) 대구지방법원 서부지원 2014.10.31 2014고단1288

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2007, the Defendant issued a summary order of 2.5 million won in the Daegu District Court due to a violation of the Road Traffic Act (driving) and the summary order of 2.5 million won in the Seo-gu District Court on April 6, 201 and the summary order of 2.5 million won in the Seo-gu District Court on April 6, 201, respectively, and was punished for drinking driving on two occasions.

1. On August 9, 2014, the Defendant driven a 125cc Postezine in the section of about 300 meters without a license from the Do near the Sejong-si, Daegu-gun, to the front road in the construction site of the Hyundai M&co apartment in the same Ri, while under the influence of alcohol of 0.093 percent of the blood alcohol content without obtaining a motorcycle driver’s license on August 22, 2014.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 125 Maz. Maz. Maz.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from operating on the road, the defendant operated the above Oral Ba at the date, time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of inquiry reports and investigation reports, and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, reflectiveness, drinking volume, records of the same punishment, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;