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(영문) 수원지방법원 2014.04.03 2013고단6409
도로교통법위반(무면허운전)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

The Defendant was issued a summary order of KRW 700,000,000 from the Suwon District Court on February 28, 2002 to a fine of KRW 700,000 for a violation of the Road Traffic Act, and a fine of KRW 4 million for the same crime at the Suwon District Court on January 16, 2013.

On November 14, 2013, at around 22:35, the Defendant driven BM7 car under the influence of alcohol concentration of about 0.057% without obtaining a driver’s license from the Do in front of the Tririririwon-dong 883-5, Samsungwa-dong 914-1 to the road front of Samsungwado-dong 914-1, Samsung Do-dong, Samsungwa-dong, the Defendant driven BM7 car under the influence of alcohol concentration of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving on a motor vehicle and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of four copies of a summary order;

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. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Suspension of execution: Article 62 (1) of the Criminal Act (Concurrent Consideration for reasons for discretionary mitigation);

1. Order for community service and lecture attendance: Article 62-2 (1) of the Criminal Act;

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