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(영문) 대전지방법원 서산지원 2013.10.10 2013고단406
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the Seogsan Branch of the Daejeon District Court on June 2, 201, and on February 13, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 13, 2013.

On June 9, 2013, at around 03:50, the Defendant driven a B-E motor vehicle under the influence of alcohol content 0.177% under the influence of alcohol without obtaining a driver’s license from the 10km section of approximately 10km from the roads front of the kid kid-dong Song-dong, Pyeongtaek-si, to the roads front of the month in the same city in the same city of ancient-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the execution of a sentence shall be suspended in order to make it clear, and probation shall be ordered to confirm it);

1. It shall be decided as ordered for the reason of probation, community service and order to attend lectures under Article 62-2 of the Criminal Act or more;

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