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(영문) 대구지방법원 2018.02.08 2017고단5897
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence of six months on January 10, 2017 for a crime of violating road traffic law at the Daegu District Court on January 18, 2017 and was sentenced to a suspended sentence of two years on the 18th of the same month. The judgment becomes final and conclusive on the 19th of the same month.

[Criminal facts] On September 21, 2017, the Defendant: (a) driven a cwing and Ⅲ freezing vehicle without obtaining a driver’s license from around 8km-ro, north-gu, Seoul Metropolitan City through a customer in the vicinity of the same Seocho-gu, and (b) again drive a cwing and Ⅲ freezing vehicle from around 8km-ro, north-gu, Seoul, to the end of 40 miles-ro, North Korea.

The defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on May 2, 2014, and on January 10, 2017, the same court was sentenced to a suspended sentence of KRW 6723 to six months for the same crime, and the decision became final and conclusive on the 18th day of the same month.

[Criminal facts]

1. On October 29, 2017, from around 19:00 to around 21:30, the Defendant driving a vehicle of Category C high-class truck without obtaining a driver’s license in the section of about 20 km to the “E cafeteria” located in the same month-gu, Seowon-dong, via the vicinity of the Daegu Ggwon church located in the same Gu-dong, and driving a vehicle of Category C high-class truck without obtaining a driver’s license from around 20 km to the “E cafeteria” located in the same month-gu.

2. On October 30, 2017, the Defendant, in violation of the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), driven a vehicle C high-class truck with alcohol content of about 0.10% at a section of about 800 meters from the place to the south-gu Seoul Metropolitan City G road, Daegu, with alcohol content of about 0.102%, without a driver’s license.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

[2017 Highest 5897.

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