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(영문) 수원지방법원 안산지원 2014.02.07 2014고단51
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 April 29, 2009, the defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch on April 29, 2009, and on December 18, 2013, on the grounds of the crime of violating the Road Traffic Act in the Ansan Branch of the Suwon District Court, the defendant appealed for eight months and two years after the suspension of execution, and the judgment of the appellate court is pending.

On December 17, 2013, at around 23:50, the Defendant driven a DNA car while under the influence of 0.102% of blood alcohol concentration without a vehicle driver's license in front of the apartment house of the 200-meter high village located in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Inquiry into the result of the crackdown on drinking driving;

1. Inquiry into driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a bound copy of judgment, etc.);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the fact that he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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