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(영문) 서울중앙지방법원 2015.09.11 2015고단4592
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, and on August 7, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving). On April 7, 2014, the Defendant received a summary order of KRW 7 million from the Incheon District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Branch on April 7, 2014 and received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

around 06:00 on July 4, 2015, while under the influence of alcohol by 0.205% without a driver’s license, the Defendant driven approximately 2 km from the 99-free singing-ro, Yeongdeungpo-gu, Seoul Metropolitan Government Bobro, to the 106-on front road of the 106-dong, Young-gu, Seoul Metropolitan Government Bobro, the Defendant driven a B EFstna vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances, such as the fact that he/she reflects the punishment and has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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