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(영문) 수원지방법원 여주지원 2014.02.07 2013고단1091
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2009, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the credit branch of Suwon District Court on March 31, 2009, and on March 3, 2010, on the same court issued a summary order of two million won of a fine for the same crime.

On September 2, 2013, the Defendant, while under the influence of alcohol concentration of 0.066% without a vehicle driver’s license, driven BF car at a section of approximately 300 meters from the Do in front of the Do in the Do in the same city of Echeon-si as the Do in the front of the Do in the same city of Echeon-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, driver's licenses, and electronic documents;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment);

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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (it shall be considered that the defendant has no criminal record of probation or heavier, the age, character and conduct, family relationship, etc. of the defendant);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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