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(영문) 대구지방법원 상주지원 2014.09.16 2014고단349
도로교통법위반(무면허운전)등
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A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2014, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for the crime of injury in the resident support of the Daegu District Court on July 15, 2014, and the said judgment was finalized on July 23, 2014.

Criminal facts

On June 24, 2014, around 14:37, the Defendant driven a ballon with B gallon, while under the influence of alcohol at approximately 0.051%, without obtaining a driver's license in the section of approximately 300 meters from the 300 meters away from the calendar day before the calendar day in the Yacheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Jeoncheon-gun, Seoul, to the effect of the same Eup. 109-7.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. has the same criminal records as the defendant for the reason of sentencing, the fact that there are criminal records in the latter part of Article 37 of the Criminal Act, and the same should be taken into account in the case of concurrent judgment with regard to the criminal records in the latter part of Article 37 of the Criminal Act, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime

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