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(영문) 대전지방법원 논산지원 2017.05.19 2017고단187
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On April 17, 2009, the Defendant issued a summary order of a fine of four million won for a violation of road traffic laws at the Ulsan District Court, on June 8, 2009, the Busan District Court issued a summary order of a fine of four million won for a violation of road traffic laws and a violation of road traffic laws (unlicensed driving) at the Busan District Court. On September 28, 2016, the Defendant was sentenced to a fine of eight million won for a violation of road traffic laws.

[Criminal facts] On February 10, 2017, the Defendant driven Cribe, under the influence of alcohol concentration of about 0.199 percent, without obtaining a driver’s license from around the 15:30 square meters prior to the land market located in Seosan-si, Seosan-si to the national highways, if he was to be able to do so, in approximately two kilometers from the 15:30 square meters prior to the land market located in Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of 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 suspect's records) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times as fines for the same crime, the defendant committed the crime in this case again, and the defendant's blood alcohol concentration is high at the time of driving, there are no unfavorable circumstances, such as the defendant's wrong behavior, the defendant's age, sexual behavior, environment, criminal record, criminal record, circumstance of the crime, etc., all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, criminal record, criminal record, circumstances after the crime, etc.

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