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(영문) 수원지방법원 2014.05.01 2014고단1296
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court on May 23, 2012 for a crime of violation of the Road Traffic Act (recognition refusal), and was released on December 24, 2012 and passed on January 20, 2013 during the execution of the sentence.

On November 6, 2008, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the same court on June 20, 2008, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on June 20, 2008, and on March 27, 2008, the defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on the site of Pyeongtaek District on March 27, 2008.

【Criminal Facts】

1. On February 21, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 4 km from the front of the Defendant’s house located in Ansan-si to the White-si 371-9 Mampam terminal in Ansan-si without obtaining the driver’s license on February 21, 2014.

2. On February 22, 2014, the Defendant driven the said vehicle within a range of about 500 meters from the above 00-meter radius to the front of the 00-meter clibin logistics center under the influence of alcohol with the blood alcohol concentration of 0.110% without obtaining the driver’s license at around 00:30 on February 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Investigation reports (Attachment to the register of driver's licenses);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same attached judgment), investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of the penalty;

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