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(영문) 의정부지방법원 2015.06.10 2015고단902

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2015, around 03:22, the Defendant driven a DNA-based car without a driver’s license, while under the influence of alcohol 0.222% of alcohol level from the front of the “North Korean-Japan restaurant” to the front road of C, 309:0 to the 309:00 additional pages.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order under Article 62-2(1) and proviso of Article 62-2(2) of the Criminal Act have four times of drinking driving skills to the defendant on the grounds of sentencing, but among them, three times of driving is about 10 years prior to the previous ten years, and the defendant disposes of his/her vehicle while making the defendant not to repeat the crime, the punishment as ordered shall be determined.