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(영문) 서울서부지방법원 2013.10.29 2013고단2403
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

[criminal power] On October 11, 2007, the Defendant issued a summary order of KRW 500,000,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang branch on January 30, 2009, a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the same court on January 30, 2009, and on July 21, 201, a summary order of KRW 3 million for a violation of the Road Traffic Act

【Criminal Facts】

At around 23:50 on August 9, 2013, the Defendant, without a driver’s license, driven approximately 2 km C EXE car from the front of the Hannam-dong Seoul Yongsan-gu, Yongsan-gu, Seoul to the Northwest-dong 301 Dong-dong, Seoul, while under the influence of alcohol content of 0.081%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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 (the grounds for probationary mitigation below);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no criminal record heavier than the defendant, and that there is against the defendant's wrongness);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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