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(영문) 대구지방법원 2014.07.24 2014고단2458

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2009, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seog-gu District Court's branch on December 23, 2009, and on March 12, 2014, a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court's Daegu District Court on March 12, 2014 and violated the prohibition of driving under the influence of alcohol at least twice.

On April 8, 2014, at around 00:45, the Defendant driven a golf car with about 50 meters in volume CWn halog around 50 meters in front of the management office of the 5 Dosan Complex located in the Daegu Water-gu Dogsan-dong without obtaining a driver’s license, and under the influence of 0.186% of alcohol concentration.

On June 12, 2014, the Defendant driven a golf car with approximately KRW 3 km in front of the Dong name-gu, Daegu Northern District, which is located in the Dong name-gun, the Dong name-based, the front of the Dong name-based, Daegu Northern District, on the 15:10 on June 12, 2014, without obtaining a driver's license.

Summary of Evidence

"2014 Highest 2458"

1. Defendant's legal statement;

1. Written statements of D;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiries and investigative reports "2014 Highest 3279";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has served several times as penalties for the same crime, but again, the crime of this case is committed.