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(영문) 서울남부지방법원 2013.03.07 2013고단407

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2011, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on July 25, 201, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on February 23, 2012.

At around 22:20 on October 23, 2012, the Defendant, without a driver’s license, driven a balp vehicle with a blood alcohol content of about 1km from around 22:40 on the road in which it is impossible to identify the trade name located near the transmitting station of Gangseo-gu Seoul Metropolitan Government to the road in front of 654, the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records, investigation reports (report on attachment of criminal records of the same kind as a suspect), and application of each statute of the judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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 an alternative imprisonment with prison labor (such as the occurrence of the instant crime again, even though he/she was punished twice due to drinking without driving, and twice due to driving without obtaining a license after July 201)

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

1. Probation and community service order under Article 62-2 of the Criminal Act;