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(영문) 인천지방법원 부천지원 2014.06.11 2014고단752
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

On January 10, 2008, the Defendant was issued a summary order of KRW 1.5 million by a Jeju District Court for a crime of violation of the Road Traffic Act, and on August 21, 2013, the Defendant was sentenced to a fine of KRW 3 million by a Jeju District Court for a crime of violation of the Road Traffic Act.

On April 19, 2014, at around 21:32, the Defendant, at around 100 meters from the restaurant in front of the restaurant in which the trade name in the long-term Dong of Kimpo-si cannot be known, driven a B Sti-si car without a car driver’s license in the state of alcohol of about 0.098% of blood alcohol concentration, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of two-time records of sound driving) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering circumstances, such as confessions and reflects, and absence of any record of punishment exceeding fines due to the same kind of crime);

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

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