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(영문) 춘천지방법원 2016.05.23 2016고단182
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) by the Chuncheon District Court. On March 23, 2011, the Defendant issued a summary order of KRW 2 million for the same crime from the Gangnam Branch of the Chuncheon District Court, and on June 15, 2007, the Defendant issued a summary order of KRW 1 million for the same crime at the Jungcheon District Court.

On January 17, 2016, under the influence of alcohol content 0.124% from blood transfusion around 00:02, the Defendant driven a B-A-D car at the section of approximately 500 meters from the front day of the Hocheon-si Mancheon-si, without a driver’s license to the front day of the Child Welfare Center of Macheon-do in the same Dong without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license, inquiry into the driver’s license, and inquiry into the grounds for disqualification;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (limited to the same judgment and summary order);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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