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(영문) 부산지방법원 2014.06.13 2014고단1842
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 March 29, 2010, the Defendant issued, at the Busan District Court, a summary order of a fine of two million won or more for a violation of the Road Traffic Act, and at the same court on May 22, 2013, a summary order of a fine of four million won or more for the same crime.

The Defendant is a person who drives B-B-B Track Cargo Vehicles.

On February 21, 2014, the Defendant, without a driver’s license at around 23:10, driven the said vehicle at a section of about 200 meters from the lower-distance distance at the port of Busan, at the lower-class, at a level of alcohol level of 0.209%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses and results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports, and criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 on the suspension of execution (Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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