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(영문) 수원지방법원 성남지원 2017.01.10 2016고단3504
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 27, 2016, the Defendant: (a) around 05:50 on October 27, 2016, at around 05:50, the Defendant: (b) operated a car without obtaining a driver’s license from the Do of 492-1, Seongdong-gu, Sungnam-gu, Sungnam-dong, 1575, Sungnam-dong to the road.

The Defendant was charged with a fine of KRW 2.5 million on September 15, 2010 with a fine of KRW 4 million on the grounds of a violation of the Road Traffic Act in support of the Sungnam branch of Suwon branch of Suwon branch on September 15, 2010, a fine of KRW 4 million in the same court on January 10, 2012, and a fine of KRW 5 million in the same court on July 9, 2014 due to a violation of the Road Traffic Act (driving). On November 15, 2016, the Defendant was sentenced to each summary order of KRW 5 million in the same court on the grounds of a violation of the Road Traffic Act (driving without a license). The Defendant was indicted with the same court on November 15, 2016.

[2] Although Defendant was punished as a crime of violating the Road Traffic Act (drinking) on at least two occasions, Defendant 1 driven a Crane car under the influence of alcohol 0.103% of alcohol concentration in blood without a vehicle driver’s license from around 23:58 around October 29, 2016 to around 212-1 East Asia-ro, in front of the same city, from around 212-1 East Asia-ro, even though he was punished as a crime of violating the Road Traffic Act (drinking).

Summary of Evidence

"2016 Highest 3504"

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and inquiry into the driver’s license “2016 Highest 3815”;

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking, the situation report on driving of drinking, the ledger of driver's licenses, and inquiry into the main office;

1. Previous convictions: Inquiries about criminal history and application of each Act and subordinate statutes reporting criminal investigations;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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

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. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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