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(영문) 수원지방법원 2014.10.16 2014고단4228
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 October 17, 2012, the Defendant is sentenced to a fine of four million won or more for a violation of the Road Traffic Act at the Suwon District Court on October 17, 2012, and a fine of five million won or more for a violation of the Road Traffic Act at the Suwon District Court on May 28, 2014.

On July 15, 2014, at around 02:03, the Defendant, without a car driver’s license, driven a B Belgium in the section of approximately 1 km from the front day of the home flusium near the home flusium located in the Young-gu, Young-gu, Suwon-si, Suwon-si, to the front day of the Dong flusium, while under the influence of alcohol by 0.18% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A driver's license inquiry;

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

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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