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(영문) 청주지방법원 제천지원 2014.04.10 2014고단10
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 18, 2011, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act from the Cheongju District Court Jeju District Court (hereinafter “Cheongju District Court”) and a summary order of KRW 1.5 million for the same crime in the same court on July 8, 2010, respectively.

1. Around 14:20 on November 4, 2013, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) and the Defendant driven B rocketing car while under the influence of alcohol of about 0.20% without obtaining a driver’s license from the front side of the Jeju Cheongdong-si, Cheongcheon-si to the front side of the Seoul Cheongcheon-si, Seoul Cheongwon-si, and without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said rocketing car without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, register of driver's licenses, and mandatory insurance;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, tailes before disposition, results of confirmation, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant committed the instant crime even though he had the record of being punished twice due to driving without a license and three times due to drinking driving, and that the blood alcohol concentration is very high, but there is no record of being punished more than suspension of qualification.

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