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(영문) 광주지방법원 2014.10.28 2014고단3341
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

[Criminal Power] On March 22, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving). On November 6, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Gwangju District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 3, 2014, at around 23:00, the Defendant driven a B-cub vehicle under the influence of alcohol with a blood alcohol concentration of about 0.056% without obtaining a driver's license from approximately 3km section from the front day of a restaurant where the name in the G-gu Seoul Metropolitan City is unknown to the front day of the cubane station in the Nam-gu Seoul Metropolitan City, to the front day of the cubane station in the Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. An inquiry letter of driver's license;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, etc., references to inquiry reports, previous records of disposition, and results of confirmation;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the fact that the Defendant committed the instant crime without being aware of, and without being aware of, the fact that the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, including the previous conviction stated in the judgment as the crime of drinking and driving without obtaining a license, the Defendant should be punished strictly.

However, the defendant's mistake is divided and reflected, and the same crime again is not repeated, and the case is the case.

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