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(영문) 부산지방법원 2013.09.10 2013고단3224
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 8, 2013, at around 14:55, the Defendant driven a B4.5 tons truck with a blood alcohol concentration of at least 0.123% without a motor vehicle driver’s license, from around 4km to the front intersection of tin-dong in Gangseo-gu Busan Metropolitan City, at around 15:05 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

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

1. On September 11, 2012, the Defendant was sentenced to two years of imprisonment with labor for a crime of violation of the Road Traffic Act and violation of the Road Traffic Act at the Busan District Court on September 11, 2012, and the judgment became final and conclusive on September 19, 2012, and thus, again commits the same kind of crime in the instant case even if the said judgment is still under suspension of execution, drinking water would have a considerable amount of drinking water, and the motive, background, means and methods of the instant crime, circumstances before and after the instant crime, and other various circumstances, including the Defendant’s age, character and conduct, career, and environment as shown in the instant pleadings, shall be determined as ordered.

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