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(영문) 서울중앙지방법원 2017.11.21 2017고단5881
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2009, the Defendant issued a summary order of KRW 3 million at the Seoul Eastern District Court as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury caused by Danger) and a crime of violation of Road Traffic Act (drinking) and a fine of KRW 5 million on March 23, 2017.

1. Notwithstanding the fact that the Defendant was punished twice or more for a violation of the Road Traffic Act (drinking driving), the Defendant driven a D U-didi vehicle at the section of about 5 km prior to the Seoul Gangnam-gu road, as Seoul Gangnam-gu, for about 597, on June 29, 2017, while under the influence of alcohol at around 00:50 on June 29, 2017, at around 0.091% of alcohol concentration among blood transfusions.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a D UAD car without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 (including the facts that seem to be contradictory to others) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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