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(영문) 청주지방법원 충주지원 2018.12.21 2018고단525

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 17, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 06:28, operated a B rocketing motor vehicle with alcohol content of 0.207% in the blood, and operated approximately 110 kilometers from the hospital of the Daejeon Seo-gu, Seo-gu, Daejeon to the Hanju-si 11 in the Hanju-si Pak-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act, which provide for the option of punishment;

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 sentence shall be imposed in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the circumstances leading up to the crime, the concentration of alcohol during blood transfusions, the period of recidivism, the prosecutor’s old sentence (10 months of imprisonment and two years of suspended execution), the criminal records, circumstances after the crime, and other conditions of sentencing.