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(영문) 청주지방법원 제천지원 2015.12.03 2015고단556

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

Reasons

Punishment of the crime

[criminal power] On October 24, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court on October 24, 2013, and a summary order of KRW 2 million for the same crime at the same court on September 4, 2014.

【Criminal Facts】

On October 22, 2015, at around 23:16, the Defendant driven C Poter truck under the influence of alcohol content of about 0.144% without obtaining a driver’s license in a section of about 2 km from the front of a cafeteria located in the downstream-dong, Seocheon-si to the front of the 643 Do of the same city as the Do in the same city of volcano-dong.

Summary of Evidence

1. The legal statement of the accused; 1. On the result of the blood driving control, the report on the status of driving at home, the notification of the results of the drinking driving control, the report on the driver's license, the register of driver's licenses, the status of driving at home without licenses, and the previous records on the market: Criminal history records, the statement on the status of driving at home (A), and the application of Acts and subordinate statutes to the investigation report (a).

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of punishment several times due to drinking driving, etc., the defendant is disadvantageous to the defendant. The defendant is led to the confession and reflect of the crime of this case, and the fact that the defendant has no criminal record of probation or more within the last ten years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.