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(영문) 인천지방법원 2016.11.10 2016고단4821
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 4821"

1. On November 20, 2015, the Defendant issued a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act at the Busan District Court’s subsidiary branch, and on February 2, 2016, a summary order of KRW 3 million as a fine at the Busan District Court’s Busan District Court’s same crime.

On June 21, 2016, the Defendant, without obtaining a driver’s license at around 05:00 on June 21, 2016, driven B QM5 car while under the influence of alcohol at least 0.060%, and proceeded with approximately 100 km section from the front of the Gi-gu DaHHbuic office in Pyeongtaek-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the road ahead of 313 km in Busan.

"2016 Highest 6599"

2. Around 13:55 on May 26, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driven B QM5 automobiles without obtaining a driver’s license, and proceeded with approximately 1 km from the front of the DHroic shot road in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, and the front of the 181-40 East-do 181-40 East-do 6th parallel road to the neighboring road.

Summary of Evidence

"2016 Highest 4821"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. For previous convictions indicated in judgment: Reference letters, investigative reports (verification of criminal records), and copies of summary orders attached thereto "2016 Height6599";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless 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 for the ordinary concurrent crimes (a punishment provided for in the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of the first judgment, and a punishment provided for the crimes of violation of the Road Traffic Act of heavier punishment);

1. Selection of each penalty and imprisonment;

1. Aggravation concurrent crimes;

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