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(영문) 창원지방법원 2014.04.18 2013고단3608

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

At around 00:02 on August 6, 2013, the Defendant, without obtaining a driver’s license, driven a Cone Star car on the road at approximately 100 meters away from the front side of the Defendant’s house located at the window B of Changwon-si, to the front side of the same Gu’s 100-meter road at the same fluxian-dong, while under the influence of alcohol of 0.210%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1, 2, 5, and 6 Acts and subordinate statutes submitted by the prosecutor;

1. Relevant provisions of Article 148-2 (2) 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 a sentence of alternative imprisonment (in addition to a case where the defendant has been notified of a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 14, 2011, taking into account that the same criminal record has been added twice more).

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the consideration that there is an attempt not to repeat the same crime in the preceding);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act regarding an order to attend a probation and compliance lecture;