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(영문) 수원지방법원 2015.12.23 2015고단5143
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 10, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 10, 2008, a fine of two million won for the same crime in the Jeonju District Court’s military support on November 29, 2010, respectively. On August 12, 2013, the Defendant was sentenced to imprisonment for six months and two years for a suspended sentence.

【Criminal Facts】

On August 23, 2015, at around 21:30, the Defendant driven a B-be truck under the influence of alcohol content of at least 0.067% without obtaining a driver’s license from approximately 100 meters away from the vicinity of the drinking bridge in the wife population Kim Fam-dong to the road in the same Dong, and without obtaining a driver’s license from the K-T building in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. The driver's license ledger;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (Attachment of summary orders and copies of written judgments), summary orders, and application of three copies of written judgments;

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. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (including the fact that the act of crime is recognized, the level of drinking alcohol is very high, and the distance

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

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