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(영문) 수원지방법원 2016.03.04 2015고단5852
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 15, 2009, the Defendant received a summary order of KRW 1.5 million from the Suwon Flag Flag on the grounds of a violation of the Road Traffic Act (driving), and a fine of KRW 3 million from the same court on May 20, 2015 due to a violation of the Road Traffic Act (driving).

[2] On November 5, 2015, the Defendant driven a motor bicycle under the influence of alcohol leveling 0.185% without obtaining a motor device bicycle driver’s license from the 500-meter section from the mnive Smarket in front of the city of native Eup to the maran Intersection in the city of Masung (Seoul) in 16:50 on November 5, 2015, without obtaining a motor device bicycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on detection of a primary driver (the result of blood collection);

1. The driver's license ledger, etc.;

1. Each photograph;

1. Criminal records as stated: Application of inquiry letter, such as criminal history, and investigation report (verification of the same criminal records as the suspect) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 amount of punishment (including the fact that the commission of a crime is recognized and reflected, and the fact that there has been no previous conviction of a fine exceeding 15 years for the last time);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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