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(영문) 서울동부지방법원 2014.09.17 2014고단1272
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

On June 30, 2004, the Defendant received a summary order of KRW 2.5 million from the Seoul Northern District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on January 13, 2005, KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the same court on February 23, 2007, and KRW 2.5 million due to the same crime at the Seoul Northern District Court on December 24, 2009.

On May 10, 2014, at around 05:17, the Defendant driven Bone Star vehicle under the influence of alcohol concentration of 0.073% without obtaining a driver's license from around 300 meters in a section of approximately 567 meters from the roads of the Songpa-gu Seoul Metropolitan Government Bone Star vehicle to the roads of the same Gu.

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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., reflectability, the fact that there is no previous conviction or more than a suspended sentence, and the concentration of blood alcohol and alcohol);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

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