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(영문) 대구지방법원 2017.07.06 2017고단2732
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a summary order of one million won for a crime of violating road traffic law at the Daegu District Court on April 11, 2008, a summary order of two million won for the same crime in the branch court of the Daegu District Court on September 2, 2008, a summary order of three million won for the same crime in the same support on September 10, 2008, and a fine of five million won for the same crime in the Daegu District Court on April 6, 2010, respectively. On December 29, 2015, the defendant was sentenced to a penalty of five million won for the same crime in the vice branch court of the Daegu District Court on December 29, 201, and was sentenced to a suspended sentence of eight months for the same crime, and on January 6, 2016, and the judgment became final and conclusive on January 6, 2016, and has a driving record of two or more times, such as drinking, etc.

[2] On April 28, 2017, the Defendant driven a CFD car under the influence of alcohol content of 0.193% while under the influence of alcohol without obtaining a driver’s license from the front side of the Pakistan Hospital located in the 4-dong, Daegu-gu, Daegu-gu, to the front side of the same enzym-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation, summary order, and application of the text of the judgment;

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 imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: not only the defendant has been punished several times for the same kind of crime, but also the defendant committed the crime of this case during the period of suspension of execution for the same kind of crime; up to 0.193% of alcohol concentration in blood at the time of driving the alcohol of this case - The most favorable circumstance is that the crime is being committed late:

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