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(영문) 서울서부지방법원 2013.12.12 2013고단3016
도로교통법위반(음주운전)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 became final and conclusive.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to a suspended sentence of two years and a fine of thirty million won for violating the National Sports Promotion Act at the Gwangju District Court on one-year imprisonment for a violation of the National Sports Promotion Act, and the judgment became final and conclusive on October 19, 2013.

On July 25, 2013, the Defendant was a holder of B rocketing passenger car, and around 00:33, the Defendant operated the said rocketing passenger car without obtaining a driver’s license from the 5km section from the Hongdong University of Jongno-gu Seoul to the 877-182nd road in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, court rulings, and application of Acts and subordinate statutes of the case search list;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant recognizes and reflects the crime);

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