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(영문) 의정부지방법원 고양지원 2015.05.14 2015고단63

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 February 15, 2008, the Defendant was notified of the summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on February 15, 2008. On March 19, 2013, the Defendant was notified of the summary order of KRW 9,00,000 as a same crime by the same court on March 19, 2013. On April 10, 2013, the Defendant was subject to the summary order of KRW 2,00,000 as a fine for the same crime and was sentenced to the summary order of KRW 2,00,000 for the same crime.

On October 10, 2014, at around 21:51, the Defendant driven a vehicle B, under the influence of alcohol level of about 1 km without a driver’s license, while under the influence of alcohol level of about 0.105%, from the 1km section to the roads in front of the comprehensive household, one of the fluences in the salary-to-Eup in Pakistan-to-Eup in Pakistan-si.

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant, on September 9, 2007, engaged in driving under the influence of alcohol again even though he/she had a record of driving under the influence of alcohol at 0.052% of blood alcohol level on December 15, 2012, 0.062% of blood alcohol level on February 27, 2013, and 0.078% of blood alcohol level on February 27, 2013.

However, the defendant himself.