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(영문) 수원지방법원 2017.11.29 2017고단6515
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 7, 2013, the Defendant received a summary order of KRW 3 million from the Chuncheon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and from the Suwon District Court on May 11, 2016 to a fine of KRW 4 million for a violation of the Road Traffic Act.

On September 26, 2017, the Defendant driven a B low alcohol level of 0.093% alcohol level while under the influence of alcohol level of 0.093%, without obtaining a driver’s license, from the front line of the sports in the housing site of migrants located in the local Eup/Myeon in the direction of the Republic of Korea, at around 50 meters in approximately 50 meters from the front line of the sports in the housing site.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of execution under Article 62(1) of the Criminal Act (a favorable circumstance for sentencing), which is unfavorable to the reason for sentencing - The defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - The defendant recognizes all the criminal facts of the crime. - The defendant has no record of having been sentenced to a fine exceeding a fine until now. The sentencing is ordered in consideration of the overall conditions of sentencing revealed in the trial process.

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