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(영문) 수원지방법원 2019.08.28 2019고단2655
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2019, at around 23:07, the Defendant driven a car with Albi Pin-si C in a drunken state with a blood alcohol concentration of 0.074%, without obtaining a driver’s license, from a road where it is impossible to identify the place in which the color movement is located in Suwon-si, Suwon-si, to the neighboring road in Suwon-si, Suwon-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed on April 25, 2011 by the defendant whose driver's license was revoked on April 25, 201, and the quality of the crime is not somewhat weak.

The defendant is not aware of the fact that he had been punished for a fine for three times due to drinking driving, etc. and has been sentenced to a fine for one time due to a driving without a license, etc., and is engaged in driving without a license or a driving without a license in this case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the records

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