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(영문) 수원지방법원 2018.08.08 2018고단3052
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On February 11, 2015, the Defendant was sentenced to a suspended sentence of 3 million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag method, and on January 13, 2016, the same court issued a summary order of 3 million won for a crime of violating the Road Traffic Act (driving). On January 25, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a period of 2 years for a violation of the Road Traffic Act (driving), and the judgment became final and conclusive on February 2, 2018.

[2] On May 18, 2018, Defendant 1, who violated the duty of prohibition of driving under the influence of alcohol two or more times, was driving CK5 automobiles in the 2km section of approximately 2 km from the land to the road front of the basement distance of the underground vehicular road with the 961 parallel parallel in the eth of the eth of the eth of the eth of May 18, 2018 without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Act on the Reduction of Small Amount of Punishment [the scope of sentencing] : (a) six months of imprisonment or one year and six months of imprisonment; (b) the following circumstances; and (c) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive for and circumstances after the commission of the crime, were determined as ordered.

The favorable circumstances: The person's error is recognized, seriously against himself, and efforts are made to treat the alcoholic content.

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