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(영문) 의정부지방법원 고양지원 2015.06.19 2015고단947
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

On September 10, 2009, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on July 21, 2014.

At around 23:50 on April 6, 2015, the Defendant re-driving a car under the influence of alcohol 0.080% of alcohol level 0.080%, without obtaining a driver’s license, from the front day of the even number Ann&A restaurant, which is located in the port-dong-dong-dong-dong-gu, Manyang-si to the front day of the sea restaurant in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving without a license, report on the situation of operating a driving without a license, the register of driver's licenses, administrative disposition of the main office, and manufacturing of accident points;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (suspects' previous records and confirmations);

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. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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