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(영문) 수원지방법원 성남지원 2018.01.09 2017고단2501

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

[2017 Highest 2501] On August 5, 2017, the Defendant driven a CRabalian cargo vehicle at approximately 70 meters away from the 70-meter section of the vehicle without a driver’s license to the front road of the Mabala Village 2946-2 of the Mabal-gu Mabal-gu Mabal-si Manam-si Manam-si Manam-si 42 (U.S. 17:0).

[2017 Highest 3071] On October 19, 2017, the Defendant driven CRabalian cargo at a section of about 50 meters in front of the GG Plus Agency located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, while under the influence of alcohol level of 0.138% during blood without a driver’s license on October 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. An inquiry into the enemy;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the criminal defendant reflects his/her wrongness, and that the criminal defendant has no past record of punishment exceeding the fine);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;