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(영문) 서울북부지방법원 2014.04.10 2014고단239
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

1. On April 21, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court in Seoul Northern District Court on April 21, 2008, and on November 4, 2008, the same court issued a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (driving). On January 26, 2014, around 10:0, the Defendant was under the influence of having received a summary order of KRW 6,00,000 from the same court. On January 26, 2014, the second complex of Jeju Apartment Apartment apartment located in Gangnam-gu, Seoul, Gangnam-gu, Seoul, 105-ro 24, from the 1013-do, to the front road of the jukballing site.

2. Around 10:00 on January 26, 2014, the Defendant, while driving the said vehicle on the front of the Hancheon-ro 1013, Gangnam-gu, Seoul, Hancheon-gu, Seoul, 1013, denied the official document by presenting D’s driver’s license issued by the Commissioner of the Gangwon Provincial Police Agency, who was under the influence of drinking driving, as the Defendant was the Defendant’s driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act concerning facts constituting an offense, Article 230 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on the violation of the Road Traffic Act, which is heavier than that of a concurrent crime;

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