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(영문) 의정부지방법원 2017.07.07 2017고단474
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On June 22, 2012, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Jung-gu District Court on June 22, 2012, and a fine of KRW 5 million for a crime of violating road traffic laws at the Jung-gu District Court on August 25, 2016.

[2] On January 8, 2017, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice, was driving BK5 cars under the influence of alcohol without obtaining a driver’s license from around 7km section of around 0.140% of alcohol concentration in blood, from around 11:34, 2017 to around 3114, Dongdu City peace.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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, report on investigation (applicable previous convictions in the same case and confirmation);

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

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