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(영문) 인천지방법원 2014.04.30 2014고단889

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 13, 2010, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Busan District Court’s Branch on October 13, 201, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on October 13, 201.

【Criminal Facts】

On November 27, 2013, at around 00:50, the Defendant driven a B low-speed car with approximately 15 km from around the road on the upper fest road in the Seocheon-gu, Seocheon-gu, Seocheon-si to the 829-3 front road in the Nam-gu, Incheon Metropolitan City, Seoul, without a vehicle driver's license, while under the influence of alcohol content of about 0.134%.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver's license report and a driver's license register;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decision 2009Da15488, Jan. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;