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(영문) 수원지방법원 평택지원 2016.09.26 2016고단1326

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 5, 2016, the Defendant driven a vehicle C without a driver’s license at approximately 5 km section from the front of Pyeongtaek-si to the front of the new bank located in the 132-ro in the inside of the Eup from the front of Pyeongtaek-si to the front of the new bank located in the inside of the Eup.

Defendant 1 was under the influence of alcohol of 0.078 percent in blood without a driver’s license, and was driving DM vehicle from August 16, 2016 to around 14-31, Pyeongtaek-si, Pyeong-ro, 14-31, to around 200 meters in front of the mutual influence in the north Eup/Myeon of Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to notify the ledger of driver's licenses and the results of drinking control;

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

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

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;