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(영문) 대구지방법원 서부지원 2016.02.05 2015고단1874
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 25, 2007, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) by the Daegu District Court on July 25, 2007, and on February 1, 2011, the Defendant was sentenced to a fine of three million won or more due to a violation of the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch, and was sentenced to a fine of three million won or more.

On September 24, 2015, around 20:23, the Defendant driven a gallon to Cgallon, under the influence of alcohol content of about 0.077% in blood without a driver’s license, at approximately 200 meters away from the road front of the Magu Ggu Gam, located in the Magdong-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, Gyeong-gun, Gan-gun, Gan-gun, the Defendant, without a driver’s license.

As a result, the Defendant, who was punished by drinking, was driving a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration, such as drinking figures, driving distance, driving distance, and the fact that a driver sells a vehicle again and does not drive a driver without a license);

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

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