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(영문) 인천지방법원 2013.10.28 2013고단4251
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

【2013 Highest 4251】 On October 31, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Busan District Court’s Branch on October 31, 2008, and KRW 2.5 million as a fine in the same court on November 11, 2009.

As above, the Defendant, who was punished twice or more for the crime of violation of the Road Traffic Act (driving on a sound driving), was driving BFD car in the state of 0.133% of the blood alcohol concentration without a driver’s license, on the road from the front side of the Dong-dong BF car to the second roads of the Namdong-dong-dong Highway (Viewing direction) in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Seoul, to the 8km-dong-dong Highway (Viewing direction).

【2013 Highest 5819】 The Defendant, who was punished twice or more due to a violation of the Road Traffic Act (driving on a sound driving), was driving the said d motor vehicle under the influence of alcohol without a driver’s license, from the front side of the “fright bus” in the front side of the “frighting bus” in the front side of the “frighting bus in the front side of the “frighting bus” in the “frighting house management” located in the same region on August 8, 2013 to the road prior to the “frighting house management.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of each driving under the influence of alcohol, report on the circumstantial statement of a driving under the influence of alcohol, and inquiry into the results of crackdown on

1. Report on the circumstances of driving without a license, the ledger of driver's licenses, and inquiry of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a summary order for the same type of crime);

1. When a person drives a motor vehicle without obtaining a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act for facts constituting a crime: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 (Concurrent Crimes of Violation of the Road Traffic Act due to Impacting and Unlicensed Driving)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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