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(영문) 의정부지방법원 2014.09.19 2014고단1597

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

On April 27, 2014, at around 02:47, the Defendant driven a vehicle of 3 motherfabababababababababa, without a driver's license, from the front day of the new apartment in the 34-lane 51 to the front day of the agricultural and fishery products wholesale market located in the same Si/Gun/Gu branch.

On October 23, 2013, the Defendant, at the Seoul Central District Court, notified the Seoul Central District Court of summary order of KRW 1 million,00,000,000, as a crime of violation of the Road Traffic Act. On December 13, 2013, the Defendant was under the influence of alcohol and was punished two times or more by a fine of KRW 4.5 million.

Nevertheless, at around 23:54 on August 1, 2014, the Defendant, without a driver’s license, driven a D-do car on the road of about 1km at a distance of about 308-8 km from the street in front of the Jeju 4 Complex located in the Goam-dong to the street of the same city at the same time, while under the influence of alcohol of 0.052%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The circumstantial statement of the driver without any license, and the circumstantial report of the driver without any license;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of the reference to criminal records and investigation reports (Attachment to the same summary order, etc.);

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; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the violation of the Road Traffic Act due to the heavy drinking driving among the crimes of each Road Traffic Act in the cases of subparagraph 2014 high-class 2989)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Limits to Aggregate of Long-term Punishment for Offenses)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the following favorable circumstances, etc.):

1. The Criminal Act, the suspension of execution;