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(영문) 수원지방법원 2018.11.13 2018고단2566
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

Criminal facts

[criminal history] On June 12, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on July 13, 2015, the Defendant was issued a summary order of KRW 4.5 million for the same crime at the same court.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, on April 19, 2018, the Defendant driven a motor vehicle in the Espo-type under the influence of alcohol 0.080% while driving a motor vehicle under the influence of alcohol while under the influence of alcohol 0.080%, without obtaining a driver’s license from the Do in front of the office of transmission on the face of the transmission on the surface of the e-mail, to the front of the D farm located in C at approximately 2.5km.

Summary of Evidence

1. Statement by the defendant in court;

1. Vested as a result of the crackdown on driving of alcohol, the ledger of driver's licenses, and the following inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the Defendant is divided into, and against, the instant crime; Article 62(1) of the same Act provides that there is no record of criminal punishment exceeding the fine due to drinking or driving without a license; Article 62(1) appears to be not good; while, on the other hand, the Defendant causes traffic accidents while driving drinking or driving without a license; Article 62(1) of the same Act provides that the Defendant has a record of being sentenced to criminal punishment several times, including imprisonment for a crime of this case

1. Article 62-2 of the Criminal Act on the observation of protection;

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