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(영문) 수원지방법원 안산지원 2018.11.16 2018고단3182
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, on January 26, 2010, a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the support of the Suwon Friwon, etc. on January 26, 201, and on December 13, 2012, the same court issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) in the same court.

Although the Defendant had been punished for driving alcohol more than twice as above, on August 29, 2018, at around 03:36, the Defendant driven B Poter under the influence of alcohol with a alcohol content of 0.189%, without obtaining a driver’s license from around 2km-ro, Do-do, Sindo-ri, Do-do, to about 22-11, Do-ro, Do-do-ri, Do-do-do, from around the 2km-do-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes to report on investigation (verification of the same criminal history of suspect);

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

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

1. Selection of an alternative imprisonment with labor (three times the same kind of electricity, and consideration of alcohol concentration in the blood and the process of detection, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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