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(영문) 수원지방법원 안산지원 2017.03.29 2016고단4271
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

[2016 Highest 4271] On September 29, 2016, the Defendant driven a Cbeuor car at a section of about 1km from the 6th road to the 1st road from the 6th road to the 1st road from the 1st road from the 1st road to the 82th road from the 1st road of the Gu Line.

[2016 Highest 4526] On November 13, 2016, the Defendant driven a Cbee or a car without obtaining a driver’s license while under the influence of alcohol content of about 0.124% from the 200-meter section to the 310-day front of the 113 Gun Seoul Flady road, along the south-ro 113 Gun, the Seoul Flag Roster of the members of Ansan-si.

Summary of Evidence

[2016 Highest 4271]

1. Statement by the defendant in court;

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

1. Registers of driver's licenses (2016 highest 4526);

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of records of measurement of drinking alcohol and results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Traffic Act by a person on November 13, 2016 and the crimes of violation of the Traffic Act on the roads);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant has already committed each of the crimes of this case under the conditions of two times a drinking driving and one time a licenseless driving, and that the drinking amount is considerably high, the defendant led to the confession of each of the crimes of this case and reflects the fact that the defendant does not have any previous conviction exceeding a suspended sentence, etc., the punishment as set forth in the order shall be determined by taking into account all the circumstances of sentencing including the following.

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