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(영문) 대구지방법원 영덕지원 2017.02.15 2017고단7
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2016, 00:30 around 00:30, the Defendant driven Cunstuning car under the influence of alcohol concentration of about 0.102% without obtaining a driver’s license from approximately 30km section from the front road of the French Egypt-gu, Chungcheongnam-do to the Ganbuk-gu, Chungcheongnam-do.

Summary of Evidence

The defendant's legal statement statement statement report, notification of the results of the drinking driving control, inquiry into the results of the restriction on drinking driving, inquiry into the results of the vehicle driving license register, and the fact of the crime subject to the relevant Acts and subordinate statutes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (in relation to the recognition of drinking facts), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (in the case of driving without a license), Articles 40 and 50 (in the case of driving without a license), Article 40 of the Road Traffic Act (in the case of driving without a license), Articles 40 and 50 (in the case of violating the Road Traffic Act (in the case of driving without a license), Article 62 (1) of the Criminal Act), Article 62-2 of the Criminal Act of the suspension of the sentence of imprisonment with prison labor selected by the defendant, the order to provide community service and lecture attendance, the degree, age, motive, and circumstances of driving before drinking, as well as the following circumstances.

Unfavorable circumstances: The defendant recognized the crime of this case and against himself/herself, even though he/she had been subject to a suspension of one-time suspension and six-time fine due to driving of drinking or non-licensed driving, which leads to a non-licensed driving, and thus the crime is not good.

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