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(영문) 대구지방법원 포항지원 2017.07.05 2017고단494
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 January 15, 2009, the Defendant is punished by a fine of one million won for a violation of road traffic law (drinking driving) at the port branch of the Daegu District Court on January 15, 2009, the same court on November 26, 2013, and the person who was issued a summary order of five million won for the same crime at the same court on April 18, 2016.

On April 15, 2017, the Defendant driven BS 5 automobiles under the influence of alcohol content of 0.101% in alcohol while under the influence of alcohol without obtaining a driver's license from the section of approximately 5km from the insular road (hereinafter referred to as the “SM”) to the 498-2nd road in South-gu, South-gu, west-gu, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

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

1. Selection of an alternative imprisonment with prison labor (in consideration of the past record of juvenile protective disposition due to drinking or non-licensed driving, one-timeless driving, and three-time driving of drinking);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal record exceeding a fine, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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