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(영문) 대구지방법원 안동지원 2018.02.20 2017고단441

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[criminal history] The Defendant is a person who was sentenced to a fine of KRW 1.5 million on April 22, 2015, and a fine of KRW 8 million on October 14, 2015 by the same court due to the same crime, etc. in the support of the Daegu District Court on April 22, 2015.

[2017 Highest 441] On June 27, 2017, the Defendant, while under the influence of alcohol by 0.115% during blood without a motor vehicle driver’s license, driven from the head of the rest place in the Dong-Eup Dong-dong, to the front way of the Pungdong Public Health Center of approximately 200 meters in approximately 200 meters, from the head of the rest place in the Dong-Eup Eup to the front way of the Pungdong Public Health Center of the same Eup.

[2017 Highest 800] On November 15, 2017, the Defendant driven the said van at approximately 500 meters from the front side of the Geum River Oil Station in the Dong-dong of Pungdong-Eup, a permanent resident, with alcohol concentration of 0.099% in blood without a driver’s license on November 23:35, 2017 to the front road of the Red Ginseng Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. Inquiry into the ledger of driver's licenses for each motor vehicle and the main office;

1. Records of crime: Application of a written inquiry about criminal history, etc., each investigation report (report on binding of records in the summary order on drinking driving force, and attachment of the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances, family relations, etc., among the reasons for sentencing), which are favorable to the reasons for sentencing: The Defendant’s mistake is recognized, and the Defendant is against himself/herself, and no driving without a drinking license is again required.

There are many things.

The defendant shall be subject to a fine.