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(영문) 수원지방법원 2015.01.22 2014고단6418
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal power] On September 28, 2012, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court on September 28, 2012 due to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free License) at the same court on September 1, 2014.

【Criminal Facts】

On November 7, 2014, at around 22:25, the Defendant driven a B B B B B B eba under the influence of alcohol content of 0.114% without a driver’s license, from a section of approximately 500 meters from the front side of the restaurant, “fluoral site” in the color-dong, which is a “fluoral zone” in Suwon-si, the front side of the restaurant to the blind distance in front of the color industrial complex in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A report on the state of his/her oral statement from a host driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (a summary order of the same kind of suspect's power attached);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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