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(영문) 대구지방법원 영덕지원 2016.08.10 2016고단112
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant received a summary order of KRW 1,50,000,000,000 as a fine for a crime of violating road traffic laws (drinking) from the Daegu District Court Young-gu District Court (Seoul District Court), and a fine of KRW 1,500,000 as a fine for the same crime in the same court on January

On May 9, 2016, the Defendant driven C truck with alcohol content of at least 0.10% while under the influence of alcohol without obtaining a driver’s license from around 2 km section from the front of the Dollea, the territorial sea of Yong-gun, Young-gun, the territorial sea of which is around 18:00, to the various emulhions in the same military sulare.g., the Defendant.

Summary of Evidence

The defendant's legal statement statement statement report, notification of the results of drinking driving control, vehicle driver's license register, tea inquiry, results of crackdown on drinking driving, investigation report (the previous record confirmation report), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking driving), Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 40 and 50 of the Road Traffic Act (the point of driving without a license) of the same Act on the following grounds: the defendant's crime of this case under Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 40 and Article 50 of the same Act (the punishment prescribed for a crime of violating the heavier Road Traffic Act) of the Criminal Act (the punishment prescribed for a crime of drinking), the order to provide community service and attend education, and the punishment of Article 62-2 of the Criminal Act on drinking only two occasions.

The fact that the defendant has a record of being sentenced to one-time imprisonment with labor due to the same crime is disadvantageous.

However, considering the favorable circumstances in which the defendant recognized his mistake and reflected, it is ordered to take into account all the sentencing conditions of the defendant, including the degree of the defendant's driving at the time of drinking driving, driving distance, etc., such as age, sex behavior, environment, details and result of the crime, and circumstances after the crime.

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