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(영문) 대구지방법원 서부지원 2019.05.15 2018고단1388
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 9, 2017, at around 14:45, the Defendant driven Bcoon Dok under the influence of alcohol concentration of about 0.10% without obtaining a driver's license in the section of about 1km from the front of a public parking lot in front of the Gyeongbuk-gu Seoul Metropolitan City market road to the front of the Gyeongbuk-gu police station in front of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, inquiry into the control results of drinking driving, and application of Acts and subordinate statutes to the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant's reason for sentencing selecting a sentence of imprisonment without prison labor seems to continue without obtaining a driver's license after the revocation of the driver's license, and the defendant's blood alcohol concentration at the time of the crime in this case is considerably high 0.10%, in light of the following: (a) the defendant has been punished by a fine for driving without a driver's license in 2003; (b) a fine for driving without a driver's license in 2016; and (c) the defendant has been punished by a suspended sentence of imprisonment once for one time due to a driver's license without a driver's license in 201; and (d) the crime in this case is committed again during the suspended sentence.

However, the fact that the defendant shows the attitude to recognize and repent the facts of crime is considered as favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by considering the following factors.

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