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(영문) 광주지방법원 2014.02.19 2013고단5455

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

On October 23, 2013, the Defendant, without obtaining a driver's license on October 23, 2013, driven a B-ro car with a blood alcohol concentration of 0.202%, and proceeded about about 1m on the roads in front of the 979-8, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts of crime;

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

1. Selection of imprisonment with prison labor chosen;

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 (Discretionary Reasons for discretionary mitigation)

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;