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(영문) 의정부지방법원 고양지원 2014.11.06 2014고단1718
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in order to support the District Court of Jung-gu on July 26, 2013, and a person who was sentenced to a summary order of KRW 3 million by the same court on March 6, 2014 for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver).

On July 31, 2014, at around 00:46, the Defendant driven the B K3 car from the front of the National Cancer Center located in the Sinyang-dong, Seoyang-si, Mannyang-si, U.S., to the front road of the sea restaurant located in the Sinyang-si, Mannyang-si, U.S., in a state of alcohol of 0.197% of blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Details of revocation of driver's license:

1. Previous convictions indicated in judgment: Application of criminal records, probationary orders (A), high aid 2013 high aid 2013 high aid 4544, high aid 2014 high aid 2014 high aid statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of the fact that a person commits the same crime even though he/she has been punished twice due to drinking driving in the past for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on Probation, etc., the fact that he/she commits the same crime, the fact that drinking water is very high, the defendant is against his/her criminal defendant, the fact that he/she has no other penalty

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