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(영문) 대구지방법원 상주지원 2015.03.17 2015고단51
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 15, 2015, the Defendant, without obtaining a driver’s license at around 21:50 on January 21, 2015, driven B Poter truck at a section of about 1 km from the front side of the hot spring fright, which is located under the influence of the Si/Gu-Eup, to the front side of the 98-lane of the Si/Gu-Eup, Seo-gu, Seo-si, Gyeong-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 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. Article 62 (1) of the Criminal Act;

1. The sentence as ordered shall be imposed in consideration of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act and the Act on Probation, etc. include the defendant's age, character and conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of sentencing as shown in the argument of this case.

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