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(영문) 수원지방법원 평택지원 2013.05.22 2013고단351
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

[2013No. 10:25 on March 5, 2013, the Defendant driven the Defendant’s husband’s C rocketing car owned by his husband without obtaining a driver’s license from the front side of the apartment apartment in the Yeong Village Home Center located in Pyeongtaek-gu, Bupyeong-gu, Seoul Special Metropolitan City to the front side of the Sincheon-gu Seoul Special Self-Governing Province, which is located in the 824-5 Sinsi.

[2013Kadan355] On February 27, 2013, the Defendant driven a DNA-XG car with a blood alcohol concentration of 0.131% under the influence of alcohol without obtaining a driver’s license on February 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Subparagraph 1 of Article 152, Article 43, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of driving under a license without a license) of the same Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant commits the crime of violating the Road Traffic Act on July 20, 2009, and each fine was issued on March 25, 201 due to the violation of the Road Traffic Act (unlicensed Driving). However, even though the Defendant had the record of issuing a summary order, it is necessary to strictly punish the Defendant in that he commits the crime.

However, a suspended sentence shall be imposed only once in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit a crime, against whom the defendant is committed, and the fact that his/her children are being mixed, etc., and the probation and the order to attend a course shall be also ordered to prevent recidivism.

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