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(영문) 광주지방법원 2015.04.02 2014고단4965
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 February 11, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on April 30, 2012, respectively.

On December 7, 2014, the Defendant, without obtaining a driver’s license at around 16:55 on December 16, 2014, driven CSV110 car cars from about 1km to the front road of the Ganyang-gun in the form of 0.086% alcohol concentration at a 0.086% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of the recommended sentencing criteria: A sentence of imprisonment with prison labor for six months or suspended sentence for a crime of violating the Road Traffic Act, for a crime of violating the Road Traffic Act, for a period of two years or more, and for a crime of violating the Road Traffic Act, for a period of two years or more, and for a violation of the Road Traffic Act, it is inevitable to sentence imprisonment with prison labor for a period of two years or more, in light of the fact that the defendant has a record of being punished by a fine for a violation of the Road Traffic Act.

However, taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant reflects his mistake in depth, the fact that the Defendant has no criminal record exceeding the fine, and the age, character, conduct, environment, health conditions, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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