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(영문) 대구지방법원 김천지원 2013.08.21 2013고단613
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 March 21, 2011, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on January 18, 2013.

On May 27, 2013, the Defendant, who had driven two or more times, once again, driven a Clatera car while under the influence of alcohol of about 0.068% of alcohol alcohol concentration without obtaining a driver's license in approximately 400 meters from the central road in the Gu-U.S. Pyeong-dong to the original road in the same Dong to the original road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation reports (report attaching the same kind of power);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished three times from January 2005 to January 201, 2013 due to drinking driving, and the responsibility for the crime of this case is not less exceptionally applied to the crime of this case. However, in light of the fact that the Defendant has no record of punishment more than a suspended sentence, and is against the fact that there is no record of punishment more than a suspended sentence, the punishment is determined as ordered.

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