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(영문) 수원지방법원 평택지원 2013.08.08 2013고단761
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 4, 2013, at around 22:36, the Defendant driven a DNA-learning car without a driver's license from around 15 km section, which was under the influence of alcohol level of 0.127% from around the 15km section, from the front side of the Eindo Corporation located in Pyeongtaek-si Northbuk-do, Pyeongtaek-si to the front side of the Sejong-si Go-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a driver’s license;

1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Not only has the record of having been punished several times due to non-licensed driving, drinking driving, etc., but the defendant, who currently under the suspension of the execution due to drinking driving, etc., was sentenced to imprisonment for eight months and two years of suspension of execution on July 24, 2012 with prison labor for the violation of the Road Traffic Act and the obstruction of performance of official duties, and the judgment on August 1, 2012 became final and conclusive and is currently under suspension of execution.

It is inevitable to sentence sentence in light of the fact that a person commits the same kind of crime without being aware of it during the term.

On the other hand, in determining the sentence, the sentence like the disposition is to be imposed in consideration of various sentencing factors, such as the fact that the defendant is against the recognition of the crime, and the judgment of the suspension of the execution of the above case can be invalidated if the judgment of this case becomes final and conclusive.

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