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(영문) 수원지방법원 여주지원 2016.10.19 2016고단907

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

[criminal power] On June 18, 2001, the Defendant was issued a summary order of KRW 1.5 million from the Suwon District Court's branch for the violation of the Road Traffic Act (driving) as a fine of KRW 1.5 million, KRW 3 million as a fine of violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on April 2, 201, KRW 1 million as a fine of violation of the Road Traffic Act (driving) at the Suwon District Court's branch on April 12, 201, and KRW 2 million as a fine of KRW 1 million from the Suwon District Court's branch on April 6, 201.

【Criminal Facts】

On July 10, 2016, around 21:20, the Defendant driven a car in B, under the influence of alcohol concentration of about 0.098%, without obtaining a driver’s license, from approximately 2km section from the front of the public parking lot adjacent to the 67-33, Seocheon-si, Seocheon-si, to the front of the Doncheon-ro, Doncheon-ro, to the front of the Doncheon-ro, Doncheon-ro.

As a result, the Defendant violated the prohibition of drinking driving more than twice, but also drives a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including circumstances in which there exists no record of heavier punishment than a fine);

1. Social service order under Article 62-2 of the Criminal Act;