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(영문) 수원지방법원 2015.01.14 2014고단6591
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

On April 23, 2014, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million for a crime of violation of the Road Traffic Act, on February 3, 2009, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and on March 6, 2007, a summary order of KRW 1 million was issued from the Daegu District Court to a fine of KRW 6 million for a crime of violation of the Road Traffic Act.

On November 2, 2014, at around 22:15, the Defendant driven B rocketing vehicles under the influence of alcohol content of about 0.086% without obtaining a driver’s license in the section of about 4K meters from the vicinity of the administrative Ri of the local government of the local government of the Republic of Korea, to the land adjacent to the shot road of the local government of the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended periodically after considering all the circumstances, including the fact that the defendant has been punished for driving under the influence of alcohol and driving without a license for three times again, but it is not good to commit the crime by driving under the influence of alcohol and driving without a license, other than the fine,

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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