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(영문) 수원지방법원 2016.10.20 2016고단3811
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

On January 29, 2008, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Pyeongtaek site, and a fine of 2.5 million won due to the same crime in the same court on September 3, 2012, respectively.

On June 26, 2016, at around 22:47, the Defendant driven a C-wing truck without a driver's license, while under the influence of alcohol leveling 0.135%, at approximately 15 meters of blood alcohol level in front of the road B in the 15-meter direction.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. A driver's license inquiry;

1. Records before judgment: Application of criminal records, etc. and 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant; the previous department is several times; the previous department does not have any previous record exceeding the fine according to the previous department; and the age, character and conduct, environment, etc. of the defendant should be taken into account the sentencing conditions under Article 51 of the Criminal Act;

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