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(영문) 수원지방법원 2015.08.19 2015고단2649
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

[criminal power] On April 6, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on October 30, 2009, a fine of three million won for the same crime at the same court on October 30, 2009, and on October 22, 2010, the Defendant issued a summary order of four million won for the same crime from the Suwon District Court on September 22, 201.

【Criminal Facts】

On May 28, 2015, at around 03:30, the Defendant driven a B-hand motor vehicle with a blood alcohol concentration of at least 0.141%, without obtaining a driver's license, from around 3 1097, Suwon-si, Suwon-si, to the road in Suwon-si, Suwon-si, from around 1097, to the road in front of 978-1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. A driver's license inquiry;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (a copy of summary order attached) and Acts and subordinate 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the recognition of and reflect on criminal conduct and the fact that there is no record of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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