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(영문) 청주지방법원 충주지원 2017.04.26 2016고단918
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 5 million for the same crime to the same court on January 26, 2017, respectively.

On November 8, 2016, the Defendant driven a voice group B around 21:30, on the roads from the voice group B to the front road of the Geumdo-Eup, Geumdo-Eup, one of which is about 3km, without obtaining a driver’s license from the section of approximately 0.073m, while under the influence of alcohol concentration of 0.073% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the previous convictions and the summary order), investigation report (report attached to the indictment filing), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A normal condition in which the defendant committed the instant crime even though he/she had been subject to two times punishment for driving alcohol, and thus, is recognized to have high risk of repeating a crime: The defendant is recognized to have committed the instant crime; the defendant has no criminal record of probation or higher; the above circumstances and the defendant’s age, sex behavior, environment, circumstances, means, means and consequence of the instant crime; and the conditions of sentencing, such as the circumstances after the crime, shall be determined as ordered, taking into account all the circumstances after the crime.

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