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(영문) 대전지방법원 2017.06.29 2017고단1489
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the Defendant, at around 01:39, driven a vehicle owned by the Defendant without the driver’s license, while under the influence of alcohol content 0.159% at approximately 50 meters in distance from the day after the Port of Mari-dong, Daejeon-dong, the Maridong-gu, Daejeon, to the front road of the Dong-ro 42-52 Dai-ro Dai-ro Dai-ro Dan Drum cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of the crackdown on drinking driving, the arrest report of the case, the situation report of driving at home, the inquiry of the results of the crackdown on driving at home, the photo of the crackdown on driving at home, the inquiry into the results of the crackdown on driving of drinking, the driver's license register, the investigation report (the counter investigation of the reporter E), the report on the case list, the map of the accident site level, the investigation report (the

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing specified in the arguments of this case shall be determined as ordered by taking into account the following circumstances: the observation of protection and order of community service, order of education, and order of education under Article 62-2 of the Criminal Act, and other conditions of sentencing as ordered.

Unfavorable circumstances: The fact that each of the crimes of this case was committed again despite the history of punishment several times due to drinking without a license and driving without a license, and the fact that drinking value is significantly favorable: The fact that the crime of this case is recognized and reflected late, the fact that there is no past record of criminal punishment above the suspension of execution of the same crime, the prevention of recurrence, the driving distance is relatively short, and there are some circumstances that may be somewhat different from the circumstances of the crime of this case.

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