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(영문) 수원지방법원 안산지원 2015.01.16 2014고단2340
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 August 29, 2008, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court on August 29, 2008; on August 10, 2011, the same court issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the same court; on January 24, 2014, with a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on January 24, 2014.

At around 22:40 on September 12, 2014, the Defendant driven a B rocketing car with a blood alcohol concentration of 0.116% under the influence of alcohol without obtaining a driver’s license from the underground parking lot of the Korea Investment Savings Bank of Korea to the front road of the same high residual 728 high-speed apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that there is no previous conviction exceeding the fine, the fact that social ties are evident and support for family members, the fact that no recidivism is made, and the fact that such crime is committed against other persons);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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