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(영문) 대전지방법원 홍성지원 2014.02.12 2014고단9
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

On December 29, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Hongsung Branch of Daejeon District Court on December 29, 2010; on December 18, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court on December 18, 2012; on November 26, 2013, the Defendant was driving a B truck at approximately 300 meters from the front of a cafeteria-gun Hong-gun, Hongsung-gun, Hongsung-gun, without obtaining a driver’s license on November 26, 2013; and on around 20:30 meters of alcohol level under the influence of alcohol level 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A driver's license inquiry;

1. A report on detection of a host driver;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of summary order related to the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime at another time at the same time, even though he had been punished by a fine due to the same type ofless license or the violation of the Road Traffic Act of drinking driving, and that the blood alcohol concentration at the time is considerably significant, etc. are elements for sentencing unfavorable to the Defendant.

On the other hand, however, the defendant is going to sell vehicles and not drive without obtaining a license again, and the defendant is.

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