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(영문) 서울동부지방법원 2018.04.19 2017고단3849

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

[criminal history] On December 10, 2007, the Defendant received a summary order of KRW 700,000,000 from the Seoul Northern District Court to a fine of KRW 1,000 as a crime of violation of road traffic law, KRW 1,000,000 as a fine of KRW 2,50,000,000 as a fine of KRW 2,50,000 for the same crime in the Sungnam branch of Suwon branch of the Suwon branch of the Republic of Korea on March 209, and KRW 6,00,000 as a fine of KRW 2,00 from the Busan District Court on December 29, 201.

[2] On November 23, 2017, the Defendant driven a D X-ray car under the influence of alcohol with about 500 meters alcohol concentration of 0.074% from the 500-meter section from the side of the Gidong Hospital in Gangdong-gu Seoul Metropolitan Government to the front road of 1444 (Road), without obtaining a driver’s license on November 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the circumstances of driving at home;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of alternative imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal history exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

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