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(영문) 대구지방법원 포항지원 2016.10.13 2016고단775
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

[criminal power] On May 1, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Seoggu District Court’s branch branch on May 1, 2008. On February 6, 2015, the Defendant received a summary order of KRW 3 million as a fine for the same crime from the Daegu District Court.

【Criminal Facts】

On May 21, 2016, the Defendant had been punished twice or more for the crime of violation of the Road Traffic Act, but operated B mixed CR-V car from around 700 meters to the roads above the Japanese class of the same Gu-Eup from the day before a restaurant where it is impossible to find out the trade name in the south-gu automatic route at the port without obtaining a driver's license at around 00:40 on May 21, 2016, while being under influence of 0.067% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry letter, investigation report (report attached to the same type judgment, etc.) and statutes, such as 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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and an order to attend a lecture: Drinking again, such as the two times for drinking driving, the fact that there exists a history of punishment for driving without a license, and other circumstances that are favorable to the fact that there are several times of punishment: Traffic accidents; the fact that drinking water is not causing traffic accidents; the fact that there is no excessive power of fines; the fact that there is no excessive power of fines; and the disposal of vehicles while against the mistake, etc.

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