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(영문) 서울중앙지방법원 2013.11.29 2013고단6903

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 August 20, 2010, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act, around March 11, 201, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license), and on August 17, 2012, a summary order of KRW 5 million was issued by the Seoul East East East District Court.

On September 10, 2013, the Defendant, while under the influence of alcohol 0.140% without obtaining a driver’s license on September 22 and 55, 2013, driven BM5 vehicles at a section of approximately 500 meters from the front of the 21st road of Yongsan-gu Seoul Metropolitan Government to the front of the 316-1st road.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records and investigation reports (Attachment of summary orders of the same criminal records as a suspect);

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

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The reason for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, such as the first head of the judgment, is that the Defendant had been subject to three times or more due to drinking driving or drinking without a license, and again repeated driving without a license even though he had been subject to three times or more due to drinking driving or driving without a license, and the degree of driving without a license is considerably significant, and thus, the Defendant