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(영문) 서울서부지방법원 2015.01.29 2014고단2955
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2006, the Defendant, at the Seoul Western District Court, issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, on December 16, 2013, the same court issued a summary order of KRW 1 million as a fine for the same crime, and on June 13, 2014, issued a summary order of KRW 7 million as a fine for the same crime to the same court on June 13, 2014, three times the record of drinking driving. The Defendant again driven eM520 in the section of Eunpyeong-gu, Seoul Metropolitan Government while under the influence of alcohol level of KRW 0.089%, without obtaining a driver’s license on October 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act is that the person was punished for a fine of seven million won or more for a crime committed on June 8, 2014 when driving under the influence of alcohol on at least three occasions, but the person was sentenced to a fine on October 8, 201 within the short time, and other various sentencing conditions specified in the argument of the instant case.

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