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(영문) 서울중앙지방법원 2015.09.02 2015고단3366
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

[criminal power] On May 7, 2012, the Defendant issued a summary order of a fine of three million won at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, and on May 13, 2015, the Defendant issued a summary order of five million won for a violation of the Road Traffic Act at the Seoul Western District Court on May 13, 2015 and has a record of drinking driving twice.

【Criminal Facts】

Defendant

1. Around 02:45 on April 12, 2015, a driver’s license of a motor vehicle driving approximately 10 km motor vehicles from Seongbuk-gu, Seongbuk-gu, Seoul, Seoul, to the roads before the boom-dong, Gangnam-gu, Gangnam-gu, Seoul, without a driver’s license;

2. At around 07:27 on April 12, 2015, while under the influence of alcohol content of 0.134% without a car driver’s license, Dsch Rexroth vehicle was driven approximately 7 km from the Gangnam-gu Seoul Metropolitan Government Seo-dong to the 312 ebscar-ro from the Jung-gu Seoul Jungdong to the 312 ebscar.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Place of output of a drinking-free measuring instrument, report on detection of a drinking-free driver, and report on internal affairs (applicable with the mark);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes governing 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 each sentence of imprisonment with prison labor (it shall be considered that there are two times the records of drinking without the permission of driving under the influence of alcohol, in particular, even though the investigation procedure was conducted after being discovered by drinking without the permission of driving under the influence of alcohol as the second time);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis within the term of punishment plus the maximum term of the punishments specified for each crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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