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(영문) 대구지방법원 2006.4.14.선고 2005고단7563 판결

가.도로교통법위반(음주운전)나.도로교통법위반(무면허운전)

Cases

1. Violation of the Road Traffic Act (Accomponing)

(b) Violation of the Road Traffic Act;

Defendant

Maximum00 (64*********), daily workers.

Residence 000 000 000

Permanent address 00 000 000

Prosecutor

Limited Date

Imposition of Judgment

April 14, 2006

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal History Office

The Defendant, without a driver’s license of a motor vehicle, shall operate a cargo trucking from Gyeongbuk0,000.

1. up to the front floor of the Tribuk-dong in front of the Masan-dong located in the Gyeongsan-dong, under the influence of alcohol at around 20:0 on November 17, 2005 by 0.182% of the blood alcohol concentration at around 20:0;

2. On March 5, 2006, at around 0.106, at around 0.55, a person driving each 3 km from the front side of the house located in the Gansan-dong in the Gansan-si to the front side of the park located in the same city, under the influence of alcohol content of 0.106% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. Disqualifications for driving;

1. Application of the statutes governing driver's license inquiry;

1. Article applicable to criminal facts;

Standing concurrences under Article 107-2 Subparagraph 1, Article 41(1), Article 109(1)1, and Article 40(1)1 of the Road Traffic Act: Articles 40 and 50 of the Criminal Act

1. Aggravation of concurrent crimes: In consideration of the fact that the defendant, who has had the record of being punished three times due to driving under influence of alcohol for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, drives the same vehicle in a short period, repeats his/her drinking, and the blood alcohol concentration is not low, and the defendant is sentenced to his/her punishment, taking into account the fact that the crime is very serious, such as drinking and driving without a license, even after receiving a writ of summons of trial due to drinking or driving

Judges

Judges Kim Jae-han