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(영문) 수원지방법원 2016.02.18 2015고단5569
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 May 11, 2015, the Defendant was issued a summary order of a fine of KRW 3.5 million due to a violation of road traffic law (driving), etc. in support of Sungnam-gu Friwon on May 11, 2015, and on January 19, 2007, the Defendant was issued a summary order of KRW 1 million due to a violation of road traffic law (driving, etc.) at the Friwon Friwon Friwon Griwon, and was issued a summary order of KRW 1 million due to a violation of road traffic law (driving, etc.).

From October 27, 2015 to 16:30 on the same day, the Defendant driven B Poter II cargo at the section of approximately 18 km up to the entrance of the IC and 18 km away from the blood alcohol level to 0.120% in the light of Gwangju city, without a vehicle driver's license, while under the influence of alcohol leveling to 0.120% in the light of the blood alcohol level during the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver involved and the report on detection thereof;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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 of the Criminal Act for mitigation of small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence shall be determined as ordered by taking into account the various circumstances that meet the sentencing conditions, such as the fact that the alcohol content among blood transfusions is not low for the reasons of sentencing in Article 62-2 of the Criminal Act, the fact that two previous convictions of the same kind of fine, the defendant reflects the fact that driving distance is long, and the home conditions are met.

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