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(영문) 인천지방법원 2014.08.21 2014고단4119
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 3, 2014, at around 00:02, the Defendant driven a B B non-stop car with a blood alcohol concentration of about 0.172% without obtaining a driver's license from around 9-lane, Nam-gu, Incheon Metropolitan City, to the front road of about 150 meters from the end of the month to the end of the 4-lane, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes governing the register of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution two years, community service, 80 hours, 40 hours in order to attend a lecture [fried circumstances], the fact that there is no criminal record of the suspension of execution or more due to traffic crimes, family support [fried circumstances] is discovered after leaving the scene without any measure after shocking the parked vehicle, eight months of imprisonment with prison labor for larceny, building intrusion, and violation of the Road Traffic Act (non-licenseless driving) on October 14, 2004, three million won of fine for a violation of the Road Traffic Act on April 29, 2012, and one million won of fine for a violation of the Road Traffic Act (non-licenseless driving) on May 6, 2013, and the fact that the vehicle discovered at the time of driving without a license on May 6, 2013 is identical to the vehicle that was operated by the defendant in this case (which seems to be owned by the defendant in this case).

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