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(영문) 인천지방법원 2014.01.22 2013고단7383
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 Power】 On February 19, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on February 19, 2013; KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 5, 2012; and KRW 1,50,000 as a fine at the Incheon District Court on November 17, 2010.

【Criminal Facts】 On November 2, 2013, the Defendant was under the influence of alcohol content of 0.064% without obtaining a driver’s license on November 2, 2013, the Defendant driven the E rocketing vehicle owned D from the front side of the Yeonsu-gu Incheon Yeonsu-gu Rool Modong Mo-dong Mono, to the front side of the “Magjin-gu Magdong Mo-dong Man,” located in the same 581.

On December 13, 2013, the Defendant driven the rocketing car from around 50 meters to the front road of the Yeonsu-gu Incheon Metropolitan Government without obtaining a driver's license on December 13, 2013 to the G apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Decision 201Da11448, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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