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(영문) 의정부지방법원 2017.10.24 2017고단2859

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.067% without obtaining a driver’s license from the front of the 73 Bourn Association located in the Namyang-si, Namyang-si, Namyang-si to the front of the 3km Police Station located in 439-1, Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the principal driver's statement report and the driver's license ledger;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Three times prior to the driving of alcohol without a license or four times prior to the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: Provided, That it is not relatively high compared to the blood content of 0.067% during the blood at the time of the instant case, reflects the fact, and there is no criminal record of the same kind as the suspension