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(영문) 서울중앙지방법원 2013.11.08 2013고단5481

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 8, 2013, the Defendant, without obtaining a driver’s license at around 03:56, driving B LV car at around about 300 meters from the front of the passenger ship station located in the upstream-dong, Dongjak-gu, Seoul Metropolitan Government to the front road of the Dongjak-gu Nowon-gu, Seoul Nowon-do, while under the influence of alcohol content of 0.143%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and entry of the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act include not only the defendant was punished by a fine of four million won due to drinking driving around June 2012, but also the defendant again committed the crime of this case under the circumstance where the summary order was requested due to the suspicion of having caused an accident while driving without obtaining a license on June 2013, and the degree of the defendant's taking of it is considerably serious, the crime of this case is not subject to punishment, but the defendant was not subject to a suspended sentence or more, but is against the defendant's confession while leading to a crime, the fact that the defendant was committed without obtaining a license and driving without a license, and is not going against a traffic accident. Considering other circumstances shown in the arguments of this case including the defendant's age, character and behavior, environment, and motive for the crime, the term of punishment against the defendant shall be set for six months and the execution of the sentence shall be suspended, but it shall be subject to probation.