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(영문) 수원지방법원 안산지원 2015.06.17 2015고단506
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 14, 2014, the Defendant was issued a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving of sound), and a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving of sound) from the Ansan Support on May 16, 2007.

【Criminal Facts】

"2015 Highest 293"

1. Around 15:10 on December 25, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driving: (a) around 15:10, the Defendant driven at approximately five meters from the parking lot in front of the frequency of the 161st class of the 161st class of the Cren vehicle in a visible cren vehicle under the influence of alcohol with a maximum of 0.075% alcohol level.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without a driver’s license for a temporary border as set forth in the above paragraph (1), driving approximately 5 meters from the parking lot in front of the frequency of 161-o-road 161 at a time of vision to the frequency of light.

"2015 Highest 506"

3. On March 10, 2015, at around 15:07, the Defendant driven a cene car without obtaining a driver’s license from the front road of the 'Yadong-dong' in Ansan-si, Seosan-si, Seosan-si to the front road of the 'Yadong-dong' apartment complex 5 apartment complex in Ansan-dong, Seosan-si, Seosan-si, and from around 300 to the front road.

Summary of Evidence

[2015 Highest 293]

1. Defendant's legal statement;

1. The ledger of driver's licenses and the results of the crackdown on drinking driving;

1. Defendant's legal statement;

1. The register of driver's licenses (before judgment) and the application of criminal records-related statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Judgment of mutual concurrence;

1. Crimes and judgment of violation of the Road Traffic Act due to drunk driving;

2. Articles 40 and 50 of the Criminal Act between the crimes of violating the Road Traffic Act due to driving without a license.

1. Imprisonment with prison labor for choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution is not less than Article 62(1) of the Criminal Act;

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