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(영문) 대구지방법원 2013.06.20 2013고단3169

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on March 24, 2009; on September 10, 2009, the above court was sentenced to eight months by imprisonment with prison labor for the same crime; on May 31, 2011, the above court was sentenced to six months by imprisonment with prison labor for a violation of the Road Traffic Act.

6. 8. The above judgment becomes final and conclusive, and in the Daegu detention house, the same year during the execution of the sentence.

7. 26. The execution of the sentence was completed.

Criminal facts

1. On April 13, 2013, the Defendant, without obtaining a driver’s license at around 18:10 on April 13, 2013, driven a car with approximately 1k-meter c gallon owned by the Defendant, from the gallon road located in the Cheongbuk-do, Cheongbuk-do, Cheongbuk-do, in a drunken state with a blood alcohol content of at least 0.256%.

2. On April 30, 2013, the Defendant, without obtaining a driver’s license at around 13:50 on April 30, 2013, driven a car with approximately KRW 3 km from the path front of the Cgallon river located in the Cheongdo-do-si, Cheongbuk-do-do-si, in a state of alcohol with a blood alcohol content of at least 0.296%, to the farm located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of each host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, investigation reports (report attached to the same type of judgment, confirmation of the date of release from the military court) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the accused has a majority of criminal records for the reasons of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and resulting therefrom.