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(영문) 대구지방법원 2018.05.25 2018고단569

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 24, 2006, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (drinking driving), on October 30, 2012, the same court issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (drinking driving), and on August 18, 2017, the same court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act (drinking driving).

On January 21, 2018, the Defendant, at around 21:40, driven a C-A-A-A-I-O-O-O-O-O-O-O-O-U-U-U-U-U-U-G-U-U-U-G-U-U-G-U-G-U-G-U-G-U-G-U-G-U-G-U-G-U-G-U-G-G-U-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-G-

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle again while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry about criminal history, a criminal investigation report (verification of the same criminal suspect's records), and application of statutes of the summary order attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, order to provide community service and order to attend a lecture, has a record of being punished several times for the same crime, the defendant's opposite nature, and other conditions of sentencing as indicated in the records, such as the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc., are considered.