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(영문) 수원지방법원 안산지원 2013.10.01 2013고단1721

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On October 29, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act in an Ansan Branch of the Suwon District Court on October 29, 2012, and was sentenced to a fine of two million won or more for the same crime in the same court on February 13, 2009 and was sentenced to a fine of two million won or more for the same crime.

1. 2013. 6. 14.자 범행 피고인은 2013. 6. 14. 23:15경 자동차운전면허 없이 혈중알콜농도 0.158%의 술에 취한 상태로 안산시 단원구 신길동 소재 샛불삼거리 인근 도로에서 약 100m가량 D 투싼 승용차를 운전하였다.

2. On July 18, 2013, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.129% without a car driver’s license on July 18, 2013, driving a vehicle with a maximum of 10 meters high level around the roads adjacent to the Sinsking-dong Sinsan Tourist Hotel-dong, Sinsi-dong, in a state of being driven by around 0.129% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a driver's license, each report on the results of regulating driving without a driver's license, each driving without a driver's license, and an investigation report;

1. Application of criminal records and summary order under each Act and subordinate statutes;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that a suspended sentence may be imposed on the defendant under the same circumstances. In light of the frequency and contents of each of the crimes in this case, there are circumstances unfavorable to the defendant, such as the nature of the crime and the very heavy criminal situation. However, there are no criminal records of the suspended sentence and there are no criminal records of the defendant, and the defendant has a depth of his/her mistake, and social ties between the defendant and his/her dependents are clear, and the detention of the defendant entails excessive difficulty to his/her dependants, and all other circumstances, such as the motive and circumstances of each of the crimes in this case,