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(영문) 춘천지방법원 속초지원 2015.08.19 2015고단86
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four 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

around 10:50 on November 29, 2014, the Defendant driven CM5 vehicles without obtaining a driving license for approximately 5km section from the front of the iron stop located in the second degree of Hongcheon-gun, Hongcheon-gun, Gyeongcheon-gun to the front side of the Seoul Yangyang Expressway, which is located in the same Gun, around 11:00 on the same day.

around 01:53 on April 28, 2015, the Defendant driven a DNA string car under the influence of alcohol content of about 10km up to 0.061% of blood alcohol content at around 02:03 on the same day on the front day of the “mark liquor,” located in the upper 2-dong distance of the members of the Gyeonggi-si, Gyeonggi-si, Seoul, with no driver’s license, at around 02:03, the Defendant driven a DNA string car under the influence of alcohol content of 0.061%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a crime (the point of driving without permission) and Article 148-2 (2) 2 of the Road Traffic Act (the point of driving without permission); and

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

1. Selection of each sentence of imprisonment with prison labor ( Taking into account the fact that a person drives without a license again while driving the motor vehicle again while driving the motor vehicle again while driving the motor vehicle again while driving the motor vehicle under influence while driving the motor vehicle);

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 (i.e., confession, the fact that there is no previous conviction exceeding the fine, and the age of the suspended sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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