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(영문) 수원지방법원 안양지원 2018.05.25 2018고단160

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 December 30, 2017, the Defendant driven a B-monon car without a driver's license in the state of alcohol concentration of about 0.196% in the 3km section from the road near the Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to the front day of the Taeddong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu around 08:24 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a suspended sentence due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) around 2012, and the driver’s license was revoked after being sentenced to a fine due to drinking driving around November 2017.

However, the Defendant committed the instant crime of drinking and driving without a license for long time.

The degree of state practice is very serious.

However, the defendant seems to have a wrong attitude.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.