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(영문) 광주지방법원 2014.06.03 2014고단1426
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2007, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on December 12, 2007, and on April 30, 2009, the Defendant was sentenced to imprisonment for 8 months and suspension of execution for a violation of the Road Traffic Act at the Gwangju District Court on April 30, 209.

On March 21, 2014, the Defendant obtained a driver’s license on March 21, 2014, and driven B the car in the section B at approximately 3 km from the front of the mother and child health center located in the south-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seoul Metropolitan City on the road for a galbbball in front of the galbium 0.098% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the report on the actual state of driving on a motor vehicle, the register of driver's licenses, and the report on the actual state of a motor vehicle driver, respectively;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, reply reports, investigation reports, and confirmation;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Jan. 2, 201);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture shall be rendered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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