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(영문) 대구지방법원 2013.08.29 2013고단4016
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 September 2, 2011, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the 7th Army Military Court at the 7th Army, and a summary order of KRW 4 million for the same crime at the Daegu District Court on November 9, 2012.

Criminal facts

On June 12, 2013, the Defendant, without obtaining a driver’s license at around 10:15 on June 12, 2013, driven B B B B or another car owned by the Defendant in the section of approximately 1.5 km from the route near the Daegu-dong Yung-dong Yok-dong Yok-dong 2ndal of the Daegu-dong 5 Daegu-dong Police Station, under the influence of alcohol content of 0.143%.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on detection of a host driver;

1. Previous records: Criminal records, etc. inquiry inquiry reports and application of Acts and subordinate statutes attaching the same summary order;

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. Although the criminal liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is not minor, the punishment as ordered shall be determined in consideration of all normal materials revealed in the trial process, such as the defendant's blood alcohol concentration level, driving distance, the defendant's age, occupation, family relationship, etc., although there is no criminal conviction or more than

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