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(영문) 수원지방법원 성남지원 2016.11.16 2016고단2830

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 August 26, 2015, the Defendant issued a summary order of KRW 6 million at the Suwon District Court to a fine of KRW 6 million for a violation of the Road Traffic Act (driving without a license), KRW 2 million for a violation of the Road Traffic Act (driving without a license) at the Busan District Court on May 14, 2010, KRW 2.5 million for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on July 6, 2009, KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving without a license) at the Busan District Court on October 10, 2007, KRW 2.5 million for a violation of the Road Traffic Act (driving without a license) at the Busan District Court on November 22, 2004, and five times the same records are issued.

【Criminal Facts】

1. On August 19, 2016, the Defendant, without a driver’s license of a motor vehicle on August 15, 2016, driven a B rocketing vehicle between approximately 1km and 1km in the vicinity of the Manmank-gu in Gwangju City to the roads near the Manmank-gu in Sungnam-si, in the state of alcohol concentration of 0.137% without a driver’s license of a motor vehicle.

2. On September 3, 2016, the Defendant, without a car driver’s license on September 3, 2016, driven B rocketing vehicles from around 4 km to about 150 km-ro 10 k-ro, Jungwon-gu, Gyeonggi-si, Gyeonggi-do, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Report on the status of running a motor vehicle under consideration and on the status of running a motor vehicle under consideration;

1. Registers of driver's licenses;

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

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; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violating the Road Traffic Act as of August 19, 2016 and the crime of violating the Road Traffic Act as of August 19, 2016).

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: