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(영문) 대구지방법원 김천지원 2013.05.29 2013고단254
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2013 Godan254] On March 18, 2013, the Defendant driven B rocketing car without obtaining a driver’s license on the front of the Jin-dong Library, which is in the Jinyeong-dong at Gu, Sinsi, Sin-si.

[2013Kadan382] The Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on May 28, 2008, and was sentenced to a summary order of KRW 4 million on September 5, 2012 in the Daegu District Court Kimcheon Branch on September 5, 2012.

On April 1, 2013, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.142% without obtaining a driver’s license on the road front of the swimming pool located in the Jinyeong-si, Sinsi, Sinsi, Sinsi.

Summary of Evidence

[2013 Highest 254]

1. Defendant's legal statement;

1. The register of driver's licenses (2013 Height382);

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes (Attachment to the same criminal records, the criminal investigation reports, the written judgments, etc.);

1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without license) of each relevant Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) a fine of KRW 700,00,000 for driving under influence on September 200; (b) a fine of KRW 5 million for driving under influence on or around December 200; (c) a suspended sentence of six months for driving under influence on or around April 2001; and (d) a suspended sentence of two years for a year of imprisonment for driving under influence on or around September 2003; (b) a suspended sentence of two years for a year of imprisonment for driving under influence on or around September 200; (c) a suspended sentence of eight months for driving under influence on or around August 205; and (d) a non-licensed driving under influence on or around May 200; and (d) a non-licensed driving on September 20, 2012.

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