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(영문) 수원지방법원 안산지원 2016.06.30 2016고단995
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 16, 2009, the Defendant was sentenced to a fine of KRW 2.5 million on March 10, 2015 to a fine of KRW 1.5 million on March 10, 2015, in the case of a violation of the Road Traffic Act (driving of Drinking) at the Suwon District Court’s Eunpyeong District Court on February 16, 2009, and a fine of KRW 1.5 million on March 10, 2015, respectively.

The Defendant was under the influence of alcohol level of 0.118% in blood without a driver’s license, and was driving the C Kazon vehicle at the 2km section from February 27, 2016, to around 1786, 1786, Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) at around 01:35 on February 27, 2016

On March 26, 2016, the Defendant driven a C Kanop vehicle without obtaining a driver’s license from around 3 km in the section of around 1785-1, Sinsi-dong 1785-1, Sinsi-dong, Sinri-si, Sinri-si, Sinri-si, Sinri-si, Yuridong-si, from March 26, 2016.

Summary of Evidence

[2016 Highest 995]

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

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

1. One ledger of driver's licenses;

1. 판시 전과 : 범뵈경력등조회회보서 (A) [2016 고단 1205]

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each sentence of imprisonment;

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

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. It is disadvantageous that the defendant has been punished for the reason of sentencing in Article 62-2 of the Criminal Act for the crime of violating the Road Traffic Act three times. However, the defendant's mistake is recognized.

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