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(영문) 수원지방법원 평택지원 2013.12.26 2013고단1444
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

[criminal power] On January 18, 2012, the Defendant received a fine of KRW 3 million from the Suwon District Court on March 18, 2012 as a crime of violation of the Road Traffic Act (driving of Drinking) in addition to three times the same power.

【Criminal Facts】

On August 31, 2013, at around 20:20, the Defendant driven a B car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.179% from the salary-based 200 meters to the domestic ginseng in the Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. 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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of probation and community service order Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and the defendant again commits the crime despite the fact that the defendant had been punished three times due to drunk driving, etc., and that the defendant's blood alcohol concentration at the time of the crime is relatively high.

However, the suspension of execution shall be sentenced in consideration of various sentencing factors, such as the fact that the defendant is recognized as committing the crime and is against the defendant, that the defendant has no criminal records exceeding the fine, that the defendant does not repeat the crime by disposing of the vehicle, and that the defendant's family relationship, etc., and probation and community service order shall

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