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(영문) 수원지방법원 안산지원 2017.09.15 2017고단2237
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant received a summary order of a fine of KRW 2 million from a fine of KRW 3 million due to a violation of the Road Traffic Act (driving in drinking), etc. on the grounds of a violation of the Road Traffic Act at the source of the water source method, and on January 31, 2017, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving in drinking), from the support of the water source method method.

On August 5, 2017, the Defendant driven Bing MK car under the influence of alcohol concentration of 0.124% without a vehicle driver’s license from the first permanent resident road in Ansan-si, Seoul-si, Seoul-si, Seoul-si, to approximately 50 meters from the first permanent resident road in front of the first permanent resident road in front of the Gu-si, Ansan-si, Seoul-si, to the 33rd central road in front of the same Gu.

Accordingly, the defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle without a driver's license after drinking alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

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

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

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 following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attending, and Article 62-2(1) and (2) of the Act on the Monitoring, etc. of Protection and Order to Attend has been subject to two times a fine due to the crime of drinking driving, which has recently been sentenced two times a fine due to the crime of driving without a license, on the other hand, the higher alcohol concentration among bloods, on the other hand, the person's mistake is divided

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