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(영문) 대구지방법원 경주지원 2014.06.25 2014고단113
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On January 10, 2008, the Defendant received a summary order of KRW 2.5 million from the Ulsan District Court to a violation of the Road Traffic Act, and from the Daegu District Court on June 18, 2012 to a fine of KRW 5 million to a violation of the Road Traffic Act, and received a summary order of KRW 5 million from the Daegu District Court on June 18, 2012 to a fine of KRW 5 million to a violation of the Road Traffic Act and received two times of punishment for the violation of the Road Traffic Act.

On January 3, 2014, at around 00:32, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.179% under the influence of alcohol without obtaining a driver’s license from a section of about 1km at a section of about 1km in front of the entrance of the early village located in the Yan-dong, Eup, and Myeon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Registers of driver's licenses, results of the control of drinking driving, and reports on the status of drinking driving;

1. Previous records: Application of two copies of inquiry reports, such as criminal records, investigation reports, and summary orders, to two copies of the summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The decision is made as ordered by taking into account the following circumstances: (a) the Defendant was driven under drinking and unlicensed conditions under Article 62-2 of the Criminal Act; (b) the Defendant had a majority of past records; (c) the level of drinking alcohol was high; (d) the confession was made; and (e) the Defendant’s age, happiness, family environment, and circumstances after committing criminal acts; and (e) the various sentencing conditions prescribed in Article 51 of the Criminal Act, which

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