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(영문) 의정부지방법원 고양지원 2016.02.03 2015고단2494

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) from the Jung-gu District Court Goyang branch on January 24, 200, and on November 21, 2014 in the same court as the same crime.

On September 6, 2015, the Defendant driven Bone Star Corer under the influence of alcohol content of about 0.079% in alcohol without a vehicle driver's license at a distance of about 4 km from the new line, which is located in the new line in the vicinity of the building that is located in the Soyang-gu Pungdong (Seoul Metropolitan City), in front of the building in the middle of the same building, to the new line, which is located in the direction of the same head of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s repeated driving of drinking without a license even after having been punished twice due to drinking in the past; the Defendant appears to have committed the instant crime, and the Defendant appears to have an attitude to reflect it; and the Defendant’s age, sex, family relationship, criminal records, the circumstances of the instant case, and the subsequent progress, etc. shall be determined by comprehensively taking account of the following factors: