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(영문) 대구지방법원 영덕지원 2017.05.12 2017고단52
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 June 22, 2012, the Defendant received a summary order of a fine of four million won or more due to a violation of road traffic laws in the Young-gu District Court’s Young-gu branch, and a summary order of a fine of four million won or more due to a violation of road traffic laws in the same court on April 22, 2015, respectively.

On March 15, 2017, the Defendant driven a C Poter in the state of alcohol alcohol concentration of 0.068% without obtaining a driver's license, from around 500 meters to the front road of the same Ri, the Defendant driven a C Poter under the influence of alcohol concentration of 0.068% without obtaining a driver's license.

Summary of Evidence

The defendant's legal statement alcohol driving control results, the driver's statement report, inquiry into the driver's license records, the driver's license records, and the second inquiry report (A), investigation reports (the previous confirmation report), Article 148-2 subparagraph 1, Article 44 subparagraph 1, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving under influence), Article 40, Article 50 of the Road Traffic Act (the point of driving without a license), Article 53, Article 55 (1) 3, Article 62 (1) 3, Article 62-2, and Article 62-2 of the Criminal Act concerning the criminal facts subject to the application of the Act and subordinate statutes shall be determined in consideration of the following circumstances:

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because the driving of drinking has been subject to three times a fine due to driving of drinking: The fact that the defendant repents and reflects his mistake, and that the defendant's health status is not good.

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