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(영문) 대구지방법원 포항지원 2013.03.18 2012고합127

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of two million won for a violation of the Road Traffic Act from the Daegu District Court's port branch on June 15, 2009, and by receiving a fine of three million won from the above court on December 15, 2009 due to a violation of the Road Traffic Act.

On July 3, 2012, the Defendant, without obtaining a driver’s license at around 21:55 on July 3, 2012, driven a 100-meter 100-meter knex knex knex knex vehicle from the front day of the transmission box in the south-gu transmission dong at port to the front day of the transmission box located in the same Dong, while under the influence of alcohol by 0.15%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (report attached to judgments) and statutes, including criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished as a fine for the crime such as blood alcohol concentration of May 4, 2009 and August 20, 2009, respectively, under the influence of punishment on the state of being driven by 0.176% and 0.190%, and the defendant was not present on the date of trial. In addition, it was difficult for the defendant to repeatedly commit the crime of this case for a short period of time. The blood alcohol concentration in each of the crimes in this case was not less than 0.15%, and the blood alcohol concentration in the front line was not less than 0.15%, and driving without a driver's license, and the defendant was not present on the date of trial.