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(영문) 수원지방법원 안양지원 2016.07.05 2016고단545

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 20, 2016, the Defendant driven a DM5 car from the SM5 car at the SM5 distance of the free park located in the city of Gyeonggi-do while under the influence of alcohol content of 0.240% in blood without obtaining a driver's license on March 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning criminal facts, Articles 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the selection of imprisonment for a prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Act on Orders to Provide community service and attend lectures - The defendant's mistake and reflects his/her wrong, and the defendant has no record of punishment for drinking or driving without a license since 2005 - The defendant has a record of punishment for a sentence due to drinking driving, etc. in 201 and 2004, because he/she has high alcohol content in the blood: