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(영문) 의정부지방법원 고양지원 2013.06.28 2013고단700
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 22, 2007, the Defendant was sentenced to a summary order of KRW 2 million for the same crime in the Jung-gu District Court Goyang Branch on August 2, 2007, by imprisonment with prison labor for the crime of violation of the Road Traffic Act for 8 months, and by imprisonment with prison labor for the same crime at the Jung-gu District Court on March 19, 2009, respectively. On June 7, 201, the Defendant was issued a summary order of KRW 2 million for the same crime.

【Criminal Facts】

Although the Defendant had been able to commit a violation of the Road Traffic Act more than twice as above, at around May 7, 2013, at around 21:25 on May 7, 2013, the Defendant driven CM vehicles while under the influence of alcohol alcohol concentration of about 0.095% without obtaining a driver's license at approximately 300 meters from the Do, before the police box of the Gyeonggi Tri-gu Tri-dong Police Station at the same Do, to the third-distance road at the entrance of the same North Korean route.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of driving without a license, inquiry into the driver’s license, and details of the revocation thereof;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records);

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

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

1. Selection of a sentence of imprisonment with prison labor (including the previous and several times of imprisonment with prison labor and fines, in consideration of the fact that there exists any past history);

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

1. Probation, community service order and order to attend lectures shall be ruled as ordered for the reasons of not less than Article 62-2 of the Criminal Act;

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