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(영문) 대구지방법원 서부지원 2013.04.19 2013고단303

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 October 16, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court. On October 27, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Western Branch of the Daegu District Court. On December 28, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving). On January 5, 2008, the lower court was sentenced to the imprisonment of six months for a violation of the Road Traffic Act (driving) and two years for a suspended sentence on January 5, 2008.

On April 7, 2008, at around 22:05, the Defendant driven a B eleg with alcohol content of 0.059% under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front of the restaurant located in the Seogu-gu Incheon Metropolitan City, Seog-gu to the front of the Yansan-dong, Seogu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Details of revocation of driver's license and disqualified meetings of main office;

1. Application of Acts and subordinate statutes to investigation into criminal records, copies of summary order, and copies of judgment;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (amended by Act No. 9115 of Jun. 13, 2008; hereinafter the same shall apply), Article 150 subparagraph 1 of the Road Traffic Act, and Articles 150 subparagraph 1 and 44 (1) of the Road Traffic Act (the point of a driving under a license) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will) ;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;