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(영문) 전주지방법원 군산지원 2014.04.23 2014고단91
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act, etc. in the Jeonju District Court’s military mountain support on September 30, 2008, and a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on March 25, 2010.

On January 23, 2014, at around 23:40, the Defendant driven a car BM3 car without a driver's license, while under the influence of alcohol leveling approximately KRW 1 km from the original road to the front of the ice on the ice in the Gunsan Urban Transport from the original road to the front of the ice in the Gunsan Urban Transport.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into consideration favorable circumstances, etc., such as the violation of an anti-competence and the fact that a compliance driving is performed);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. in the front);

1. Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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