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(영문) 대전지방법원 공주지원 2015.08.21 2015고단181
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal record] On July 4, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court, and a summary order of KRW 500,000 as a fine was issued on August 18, 2014 as a crime of violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Branch Branch of the Daejeon District Court (U.S.).

【Criminal Facts】

1. On April 17, 2015, the Defendant driven BM5 automobiles without a driver’s license on the section of approximately 2 km from the road front of the GSS station in the new Sin-si, New Sin-si to the road front of the public utility station in the same city, from April 17, 2015 to the public utility station in the same city.

2. On May 8, 2015, around 23:40 on May 8, 2015, the Defendant driven the said car under the influence of alcohol level of 0.053% without a car driver’s license, from a section of about 500 meters from the front side of the Geum River apartment located in the Sim-si, Simpo-si, Simpo-si to the front road located in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. An explanatory note for each control;

1. Registers of driver's licenses;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes of violation of the Road Traffic Act by May 8, 2015, between the crimes of violation of the Road Traffic Act by Act No. 1357, May 8, 2015, and between the crimes of violation of the Road Traffic Act (unlicensed Operation)

1. Selection of imprisonment with prison labor chosen;

1. former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of violation of the Road Traffic Act (Unlicensed Driving) as of May 8, 2015 due to bad circumstances) of the aggravated concurrent crimes;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following factors favorable to the defendant among the reasons for sentencing).

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