beta
(영문) 수원지방법원 2014.11.19 2014고단4344

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 March 27, 2009, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and KRW 4 million by the same court on December 6, 201.

On July 26, 2014, at around 22:16, the Defendant driven a C-R car under the influence of alcohol by 0.216% of alcohol concentration without obtaining a driver's license from around the front day of the GSmatet to the roads of the GSEt, GS-gu, U.S., U.S., U.S., U.S., U.S. to the three-lane-gu, U.S., U.S.-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. A driver's license inquiry;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that even though the defendant was punished for driving under

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;