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(영문) 대전지방법원 2018.11.22 2018고단3368
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for up to seven months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2018, the Defendant driven a BSP car from around 600 meters away from the 600-meter section to the front road of the BSP car located in Daejeon-dong, Daejeon-dong, without obtaining a driver's license for a motor vehicle on July 10, 2018, while under the influence of 0.117% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she has been punished for the same crime (three times of drinking and one time of unauthorized License); (b) the measure of drinking alcohol is considerably high; (c) the Defendant’s confession is against the Defendant while making a confession; and (d) the Defendant has no criminal record other than the fine, and (e) the sentence as ordered shall be determined as

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