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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단2701
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] The Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Jung-gu District Court Goyang Branch on December 19, 2008, by a fine of KRW 1.5 million, a fine of KRW 3 million for the same crime in the same court on December 28, 2009, and a fine of KRW 5 million for the same crime in the same court on December 23, 2014.

【Criminal Facts】

1. On August 9, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a CT-gu car at the section of about 31 km from the light village5 apartment complex to the road in front of the school affairs in Mapo-gu in Seoul, Mapo-gu, 6-ro 5, Korea without obtaining a driver’s license, at around 07:30 on August 9, 2016.

2. On August 10, 2016, the Defendant was under the influence of alcohol at a level of 01:40% by blood alcohol concentration of 0.18% without obtaining a driver’s license on August 10, 2016, the Defendant driven a C Tti-gu car at a level of about 13 km from the front day of the school affairs in Mapo-gu Seoul, Mapo-gu, the 6-ro 6-lane to the front day of the Soyang-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of drinking driving, details of disposition for cancellation of a license, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of court rulings and other statutes;

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. Violation of Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of running a motor vehicle driving).

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