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(영문) 광주지방법원 해남지원 2015.02.12 2014고단407
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 June 29, 2010, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's support on June 29, 2010, and a fine of four million won due to a violation of the Road Traffic Act (driving) in the same support on August 23, 2013.

On December 15, 2014, at around 15:28, the Defendant, without a driver’s license, driven B vehicles at approximately 4 km from the start to the front of the new village, while under the influence of alcohol of 0.053% of alcohol level, the Defendant driven B vehicles at approximately 4 km in front of the new village.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Control note;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes concerning the original judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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