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(영문) 의정부지방법원 고양지원 2016.06.17 2016고단624
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2016 order 624】

1. On November 29, 2006, the Defendant was subject to a summary order of KRW 100,000,000 as a fine for a crime of violating the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on October 20, 2015, the Defendant was issued a summary order of KRW 1,50,00,000 at the Cheongju District Court on February 24, 2016 due to the fact that he/she driven under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

On February 5, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on February 5, 2016, driven Bone Star Co., Ltd from the roads of Pakistan-si to the roads of 73-1, Songpa-dong, Songpa-gu, Seoul, in a state of drunk alcohol concentration of 0.058%.

【2016 order 1084】

2. On April 16, 2016, the Defendant, at around 15:05, driven a motor vehicle without obtaining a driver’s license in the section of approximately 500 meters of the motor vehicle at approximately 50 meters from the road in front of a lux restaurant in the luxic City in the luxic City in the luxic City in the Pluxic City in the Pluxic City in the Pluxic City in the same day to 15:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry (2016 order 624) and a driver's license inquiry report (2016 order 1084);

1. Records of crimes: Application of inquiries, such as criminal history, and criminal investigation reports (judicial records of drinking driving and non-licensed driving records, etc.), among evidence No. 624 of the upper end of 2016, by statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes provided for in paragraph (1) and the crimes of violating the Road Traffic Act (Non-licensed Driving) as stated in paragraph (1) and the crimes of violating the Road Traffic Act);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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