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(영문) 수원지방법원 평택지원 2015.05.14 2015고단433
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 16, 2013, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s site site, and on October 4, 2013, the Defendant issued a summary order of KRW 5 million for the same crime in the same court. On October 14, 201, the Defendant was issued a summary order of KRW 2 million for the same crime on the 14th day of the same month.

【Criminal Facts】

On February 24, 2015, at around 22:00, the Defendant driven a vehicle B, without a car driver’s license, while under the influence of alcohol content of approximately 0.092% from the 1km section from the road located in Pyeongtaek-si (Seoul-si) to the front road of the “regular sand” located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of running a motor vehicle with the driver’s license and a driver’s license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and serious reflective circumstances: The same repetition of crimes;

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