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(영문) 수원지방법원 안산지원 2014.07.10 2014고단541
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 2, 2014, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for a violation of the Road Traffic Act (driving) and on June 15, 2010, the Defendant was issued a summary order of KRW 1 million from the Incheon District Court’s Vice Branch to the same crime.

On February 23, 2014, at around 23:47, the Defendant driven a C1 ton towing vehicle at a section of approximately 200 meters from 0.133% of alcohol content in the state of alcohol. From the Sing-dong Sing-dong, Sing-dong, Sing-dong, to the road of about 200 meters from the same Sing-ro.

2. On February 23, 2014, the period during which a driver’s license is suspended, the Defendant driven a C1 ton towing vehicle at a section of about 200 meters from the 23:47 Silung-dong, Silung-dong, Silung-dong, to the road from the 200-ro 21-o.m. at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Application of Acts and subordinate statutes, such as criminal records;

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 extenuating circumstances among the reasons for sentencing);

1. Although the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., despite the fact that the defendant had been punished for drunk driving three times, the so-called case is deemed to have more emphasis on each of the crimes of this case. However, it is recognized that the defendant reflects the defendant's wrong, there is no penalty power other than a fine since 2000, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, motive, background, means, method, and consequence of the crime.

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