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(영문) 수원지방법원 여주지원 2017.02.15 2016고단1346
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving in drinking), KRW 4 million as a fine for a violation of the Road Traffic Act (driving in drinking), KRW 4 million as a fine for a violation of the Road Traffic Act on May 10, 2013, KRW 6,200, KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving in drinking), and KRW 3 million as a fine for a violation of the Road Traffic Act from the same support on February 6, 2014, from the same support on May 4, 2016 to the same support.

[2] On October 1, 2016, at around 21:10, the Defendant driven BSM 7 automobiles under the influence of alcohol concentration of about 0.085% while under the influence of alcohol without obtaining a driver’s license from around 20 meters to around 49, 59, 500, 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license, and violated the prohibition on drinking at least twice, but again, the Defendant violated the prohibition on driving under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written operating statement under which they are placed;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that there exists no record of punishment heavier than a fine for the same kind of crime);

1. The community service order under Article 62-2 of the Criminal Act;

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