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(영문) 대구지방법원 2015.01.29 2014고단6160

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

The Defendant issued, at the Daegu District Court on March 21, 201, a summary order of KRW 5 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 25, 201, a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the same court on June 25, 201, and a fine of KRW 9 million for a violation of the Road Traffic Act (driving) at the same court on January 20, 2014, respectively. On November 20, 2014, the Defendant was sentenced to a summary order of KRW 9 million for a violation of the Road Traffic Act (driving) at the same court on June 28, 2014, and was sentenced to a suspended sentence for two years for a violation of the Road Traffic Act (driving) at the same court on November 20, 2014.

On November 4, 2014, at around 19:53, the Defendant, without obtaining a driver’s license, driven a B B B B B-L car at a distance of about 500 meters from the front road of the Corporation, where the Defendant was under influence of alcohol of 0.091% in the blood alcohol concentration of 0.091% in the Gyeong-dong, Young-do, Young-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Reading of criminal records, etc., investigation reports, each summary order, judgment, investigation report (final report of the stay of execution of a suspect), application of 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), 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 of Article 62-2 of the Criminal Act on probation and community service order lies in not only several times of punishment due to drinking driving, but also in the case where the defendant was under trial for the same kind of crime.