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(영문) 수원지방법원 2014.04.17 2013고단5850
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 21, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on September 21, 201, and KRW 2.5 million for a fine at the Suwon District Court on December 26, 201.

[2013 Highest 5850] On October 4, 2013, the Defendant driven a B-type car from approximately 20 km to B-type car from the front of a restaurant on the mutual influent side in the local-type city, e.g., in the condition of under the influence of alcohol by 0.158% without obtaining a driver’s license on October 22, 2013.

【2014 Highest 291】 On January 1, 2014, the Defendant driven C 300 meters away from the foregoing day to the front road of the LGbest Ship in the same Dong on which it is difficult to find out the trade name of the sick Track in the Jinan-dong while under the influence of 0.195% of alcohol content without obtaining a driver’s license on January 1, 2014.

Summary of Evidence

【2013 Highest 5850】

1. Statement of the accused in the second protocol of trial;

1. Registers of driver's licenses;

1. Report on the state of running a motor vehicle under the direction of the motor vehicle under the direction of the motor vehicle under the direction of the motor vehicle under consideration;

1. Statement of the accused in the second protocol of trial;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of driving without obtaining a license, before making a sale);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (reports attached to the same criminal records and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

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