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(영문) 대구지방법원 서부지원 2015.03.06 2014고단1925
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant stated the written indictment in 2012 as “201.1.” However, according to the records, it is obvious that it is a clerical error in the “2012.” and is correct ex officio.

11. 1. In the Western Branch of the Daegu District Court, a person was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and on November 9, 2012, the said judgment became final and conclusive and is still under the suspended sentence, and on February 2, 2012, a fine of four million won for a violation of the Road Traffic Act was sentenced to a fine of six million won for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on August 21, 2013, and was sentenced to a fine of six million won for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on August 21, 2013.

피고인은 2014. 12. 11. 20:23경 대구 달성군 논공읍 북리에 있는 푸줏간 식당 앞 노상에서부터 같은 리에 있는 상신브레이크 앞 도로까지 약 1킬로미터 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.207%의 술에 취한 상태로 C 그랜저 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous records: Application of inquiry inquiry reports, investigation reports (former records, previous records of suspended execution and binding of judgment), and statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the defendant has been punished several times for the same crime, the defendant is under the suspension of the execution after being sentenced to a suspended sentence for other crimes, and the defendant is under the suspension of the execution despite being sentenced to a fine due to drunk driving during the suspension of the execution period, and he again leads to the crime of this case under the influence of alcohol and without a license, and is considerably high in drinking water.

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