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(영문) 서울중앙지방법원 2013.09.11 2012고단6832
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 29, 2012, around 22:49, the Defendant driven a Bone Star car with approximately 1km alcohol concentration of 0.110% from the front of the Geumcheon Police Station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front road of 692-10, Godaecheon-dong, Dongjak-gu, Seoul, with no driver's license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not good in light of the fact that the defendant committed the instant crime in a short term or in another short term even though he/she had been subject to punishment several times due to drunk driving or unlicensed driving, but it appears that the defendant committed the instant crime in a short term. However, the punishment is determined as ordered by taking account of the fact that the defendant appears to have been punished in excess of the fine, the fact that the defendant had no record of being punished in excess of the fine, and the fact that the defendant has no record of being punished

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