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(영문) 의정부지방법원 2015.09.02 2015고단1988
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 March 13, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 2 million at the Jung-gu District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million with the same court on April 23, 2014, respectively.

【Criminal Facts】

On May 29, 2015, at around 03:45, the Defendant driven a B car under the influence of alcohol with a blood alcohol concentration of 0.128% without obtaining a driver’s license from a section of about 200 meters in front of the front road of the Yacheon-si, Yacheon-si to the front road of the Yacheon-si, Yacheon-si, the main body of which is located in the same city.

Accordingly, the defendant, who has a drinking driving force at least twice, was driving a motor vehicle without obtaining a driving license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (related summary orders) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant shows the attitude of reflecting his/her misunderstanding while recognizing his/her misunderstanding, and that he/she has no record of committing a crime beyond the suspension of execution);

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

1. Article 62-2 of the Criminal Act to order to attend a compliance driving lecture [in consideration of the fact that he/she again drives without a driver's license even though he/she had a record of punishment for drinking driving, such as the previous conviction in the judgment of the accused, again leads to an act of driving without a driver's license]

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