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(영문) 대구지방법원 포항지원 2020.04.09 2019고단1585
도로교통법위반(무면허운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal power] On August 1, 2007, the Defendant was notified of a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Port Support of the Daegu District Court on August 1, 2007. On September 6, 2016, the Defendant was notified of a summary order of KRW 4 million for the same crime in the same court on September 6, 2016. On October 25, 2016, the same court was notified of a summary order of KRW 5 million for the same crime. On June 27, 2019, the Defendant was sentenced to a summary order of KRW 5 million for the same crime, and on July 5, 2019, the said judgment became final and conclusive as of July 5, 2019.

【Criminal Facts】

On October 18, 2019, at around 01:10, the Defendant driven a F body-wide car with approximately 1km alcohol concentration 0.173% under the influence of alcohol without obtaining a driver's license from the roads near south-gu, Nam-gu, Sinpo-si, Nam-gu to the roads in the south-gu, Nam-gu, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same attached power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant committed the crime even though he was under probation, such as the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the degree of blood alcohol concentration as stated in the first head of the judgment, and had the record of being punished five times as a fine for drunk driving, in addition to the above probation prior to the above probation, it is inevitable to sentence the defendant as a sentence.

However, the fact that the defendant is able to not repeat the crime while disposing of his own vehicle by breaking his wrongs, and the driving of this case does not cause traffic accidents, and is punished by imprisonment with prison labor.

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