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(영문) 수원지방법원 2016.11.10 2016고단4335
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

On October 17, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 17, 2008, a fine of five million won for a violation of the Road Traffic Act (driving) at the same court on November 30, 201, and a fine of seven million won for a violation of the Road Traffic Act (driving) at the same court on December 3, 201.

On July 15, 2016, at around 23:38, the Defendant, without a driver’s license, driven a car with C mixed vehicle from approximately 1.5 km to the front of the 1.5 km apartment complex located in the Gannam-Eup administration department in the Gannam-si in the Gannam-si in the Gannam-si without a driver’s license, of about 0.143% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Registers, etc. of driver’s licenses;

1. Records before judgment: Application of criminal records, etc. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender, that the previous case and the previous case are three times, and that he/she does not have any previous offense exceeding the fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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