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(영문) 광주지방법원 2014.09.24 2014고단2451

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 February 11, 2011, the Defendant was sentenced to a fine of KRW 3 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the same court on July 30, 2010.

On June 16, 2014, at around 22:54, the Defendant driven B camb car under the influence of alcohol leveling 0.183% without a car driver’s license from approximately 6 KK’s license on the bambed road in the Newdong, Seo-gu, Gwangju Metropolitan City to the Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under two Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the following special circumstances are considered as follows: Fully considering the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and behavior, career, and environment as shown in the instant pleadings: The positive factors of determining the sentence as ordered: The negative factors that are contrary to the order, and that there are no criminal records of a suspended sentence or more: A criminal record of a fine due to drinking driving on around 203, except the above criminal records;