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(영문) 의정부지방법원 2013.10.11 2013고단1606
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

[criminal power] On November 26, 2009, the Defendant was issued a summary order of KRW 5 million by the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the Seoul Central District Court on June 27, 2012.

[2013 Highest 1606] Around 22:00 on April 13, 2013, the Defendant driven a C low-speed car under the influence of alcohol content 0.167% without obtaining a driver’s license from the front of the luminous plane office located in the luminous-ri, Yangju-si, to the modern road located in the Manan-si, Yangju-si, Yangju-si.

[2013 Godan2915] Around June 23, 2013, the Defendant driven a C low-speed vehicle without a driver’s license within a section of approximately one kilometer from Nowon-gu in Seoul Special Metropolitan City to the front road of Hail Private Teaching Institutes located in the same 371-2 from the offset station in Seoul Special Metropolitan City to the same 371-2.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. The actual condition of traffic accidents;

1. The driver's license ledger;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

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. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (limited to previous departments, but it is not stated that the person has been punished exceeding the fine due to the previous departments of the same year, and considering the reflection of such orders);

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