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(영문) 수원지방법원 안산지원 2014.07.11 2014고단358
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2007, the Defendant is a person for whom a fine of KRW 700,000 is imposed for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on September 1, 2007, a fine of KRW 2 million is imposed for the same crime in the same court on September 30, 2008, and a person for whom the above summary order was issued by the same court on May 26, 201 with a fine of KRW 2 million for the same crime in the same court on the same

On January 27, 2014, at around 22:46, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.075% without obtaining a driver’s license in approximately 700 meters from the 3rd apartment of the 201 Madio 3rd apartment located in Ansan-si, the center of the members of Ansan-si to the 784-Madro 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of references to criminal records, investigation reports (former records and summary orders attached thereto) and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant reflects the fact that the blood alcohol concentration at the time of committing the crime does not reach the state of universal collection; the fact that the defendant gets divorced and gets married and the health is not good);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary considered in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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