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(영문) 대구지방법원 2014.01.09 2013고단6467
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 1, 2007, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court on September 2, 2008, a fine of 3 million won for the crime of violation of the Road Traffic Act at the Daegu District Court on September 2, 2008, a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court on June 10, 201, and a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court on October 11, 201, and a suspended sentence of 2 years for the six-month imprisonment.

Criminal facts

On July 31, 2013, around 06:48, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.090% without obtaining a driver’s license, from the Defendant’s house located in Daegu Dong-gu B, 203 502, to the front day of the arms-toluTool in the same Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (attached to the same summary order) Acts and subordinate statutes;

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 defendant's liability for the reason of the enhancement of Article 62-2 of the Criminal Act regarding an order to provide community service and to attend a compliance driving lecture is important, the sentence as ordered shall be determined in consideration of all the normal materials shown in the trial process, such as alcohol concentration and driving distance, the defendant's age, occupation and family relationship during blood;

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