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(영문) 대구지방법원 2018.08.09 2018고단2826

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 28, 2013, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law at the Daegu High Court on December 27, 2014, and the execution of the sentence was terminated on December 27, 2014. On December 7, 2017, the Daegu District Court sentenced the Defendant to one year of imprisonment due to a violation of road traffic law (drinking) at the Daegu District Court on May 11, 2018.

[2] On September 27, 2017, around 19:40 on September 27, 2017, the Defendant driven C Poter truck with alcohol content of about 0.140% while under the influence of alcohol without a vehicle driver’s license from around 400 meters to around 51-0 paths 51-0 roads for the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the current status of personal expropriation, reporting on the result of confirmation of minor convictions in the disposition, and application of the judgment statutes

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. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: Not only has the record of having been punished several times including the same kind of crime, but also has committed the instant crime without being able to do so during the period of repeated crime due to the same kind of crime; the circumstances that are relatively favorable to the blood alcohol concentration: confession and reflect; the Defendant’s health condition is not good; the Defendant’s parents have a old parent to support; the instant crime is one of the concurrent crimes under Article 37 of the Criminal Act with respect to the violation of the Transportation Fee and Transport Act (driving) for which the judgment became final and conclusive on May 11, 2018, and the latter concurrent crimes under Article 37 of the Criminal Act.