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(영문) 창원지방법원 통영지원 2017.04.26 2017고단281
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

On November 5, 2003, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic laws (drinking driving) from the Changwon District Court’s branch on November 5, 2003; on June 15, 201, the Defendant received a summary order of KRW 3 million as a fine for the same crime in the same court; and on November 17, 2016, the Defendant received a summary order of KRW 3 million as a fine for the same crime in the same court.

On February 21, 2017, at around 02:31, the Defendant driven B Mt Motor Vehicle under the influence of alcohol content of 0.123% in alcohol without a vehicle driver's license, from around 7.7km section from the front day of the mathy in front of the mathy in front of the car in front of the car, to the front day of the new winding station located in the Dong of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the driving school, the ledger of driver's licenses, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime by operating a motor vehicle with the same motor vehicle with the same driver’s license for only three months, and the defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered by the above Article 51 of the Criminal Act shall be determined.

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