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(영문) 대구지방법원 포항지원 2016.06.23 2016고단332

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 21:10 on March 18, 2016, around 21:21:10, while under the influence of B-B Hunb Hunb Hunb Ga without a driver's license, it driven approximately 300 meters up to the road front of the death distance of B-gu in the case of B-gu death at one time at one time at one time, while under the influence of alcohol concentration of 0.057% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act concerning the selection of a punishment (the punishment shall be imposed on a person who violates the Road Traffic Act due to a heavy licenseless driving, and the choice of imprisonment shall be imposed);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person subject to a suspension of execution, who causes a traffic accident while driving a motor vehicle while under the influence of alcohol without being familiar with the person during the suspension of execution, thereby having been sentenced to a fine again during the suspension of execution, which is favorable to the fact that a license has been revoked, such as a punishment and a suspended execution: The fact that the defendant does not cause a traffic accident due to a simple drinking or a non-licensed driving; the fact that the drinking value is not high; the driving distance is not relatively short; the fact that there is no criminal history exceeding a fine due to