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(영문) 수원지방법원 안양지원 2016.01.14 2015고단1621
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 1, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) in the support for the development of a water source method, and on April 1, 2015, the Defendant received a summary order of KRW 7 million due to a crime of violating the Road Traffic Act (drinking) in the same court.

On October 8, 2015, the Defendant driven Bsch Rexroth car under the influence of alcohol concentration of 0.072% in blood without a vehicle driver’s license on the front of Sam-ri household located in the military prisoner of war in the Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. The driver's license ledger;

1. Photographs related to accidents;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, have been punished twice or more by drinking, resulting in a contact accident at the end of drinking without a license, and the nature of the crime is bad.

In addition, taking into account the fact that the defendant was sentenced to a fine which is not certain as a result of the recent crime of driving without a license for drinking alcohol and the accident after the accident on April 1, 2015, the defendant committed the crime of this case, the defendant had the power to be punished for driving without a license in 2013, and the defendant seems to have continued to operate the instant Bosch Rexroth without any particular criminal responsibility or awareness.

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