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(영문) 서울서부지방법원 2014.04.17 2014고단215
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

1. On June 20, 201, the Defendant has been sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (Seoul Southern District Court) and a fine of 5 million won for a violation of the Road Traffic Act (driving on September 28, 2012) at the Gyeyang Branch of the Suwon District Court (Seoul District Court).

On January 18, 2014, at around 02:42, the Defendant driven B Bbeer or car while under the influence of alcohol with approximately 0.117% alcohol concentration at the 15km section from the 601st road in Mapo-gu, Gangnam-gu, Seoul to the 101nd road in Mapo-gu.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the said vehicle without obtaining a driver’s license at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant who has been punished twice due to the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking without permission, driving without permission, etc., even though the liability for the crime is not weak, the fact that the defendant has obtained wrong recognition and reflects, the fact that there is no previous conviction exceeding the fine, the fact that the driving of this case did not cause traffic accidents due to the driving of this case, etc. is considered as favorable circumstances, and all other circumstances that form conditions for sentencing, such as the character, conduct, and environment

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