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(영문) 수원지방법원 평택지원 2014.09.18 2014고단960
도로교통법위반(음주운전)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

[criminal power] On December 17, 1991, the Defendant was sentenced to a fine of KRW 500,000 to a violation of the Road Traffic Act at the Suwon District Court on March 9, 1995, a fine of KRW 1.5 million to a fine of KRW 1.5 million for the same crime in the same court on July 11, 1996, a fine of KRW 1.5 million for the same crime in the same court on March 25, 1998, a fine of KRW 2.5 million for the same crime on March 25, 1998, and a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving) in the same court at the same court on January 16, 202, from the Daejeon District Court at the Daejeon District Court on October 11, 2005 to a fine of KRW 30,000 for the violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 18, 2014, the Defendant, without obtaining a driver's license at around 00:32, driven the B rocketing car from around 500 meters away from the front side of the "Women's Center located in Pyeongtaek-si and Seo-dong in Pyeongtaek-si and Seo-dong without having a driver's license, to the front side of the "Amystma Masan Masan".

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and the crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and the defendant has been punished for drunk driving, etc., in particular, even though he had a history of serving the same previous and previous sentence.

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