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(영문) 수원지방법원 안산지원 2015.07.23 2015고단1284
도로교통법위반(음주운전)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 December 23, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on August 25, 2014.

around 22:31 on April 10, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 100 meters without obtaining a driver’s license in the section of about 100 meters from the front of the Hamn-dong Hamn-dong, Ansan-si to the front road of GDweves in the same 703 meters.

around 09:00 on May 1, 2015, the Defendant driven B vehicles without obtaining a driver’s license in the section of about 10 km from the front 32-ro Maddong-gu, Ansan-si to the front 7-ro of the same Maddong-gu, Maddong-gu, Maddong-gu to the front road of the Maddong-gu, Maddong-gu, Maddong-14.

Summary of Evidence

1. Previous convictions of judgment: Criminal history records, reply reports, and court rulings "2015 Highest 1284";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. "Drinking the results of the control of drinking driving": "2015 Highest 1676;

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

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; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (free License) as of April 10, 2015, and a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The defendant for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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