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(영문) 수원지방법원 안양지원 2017.07.14 2017고단232
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 19, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Sungnam Support of the Suwon Friwon Friwon, and on June 1, 2016, issued a summary order of KRW 2 million as the same crime.

[Criminal facts] On November 4, 2016, the Defendant driven a body car B in the state of alcohol alcohol concentration of about 0.100% without a driver’s license from around 03:00 to around 118 of the report of the letter located in the same 118 from the vicinity of the Gu in Ansan-si to the front day of the report of the same Gu’s radio wave.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Giving unfavorable circumstances: Three times before driving of the same kind of drinking, and one time before driving without a license, - A favorable circumstance: The defendant recognizes the offense, and has no criminal records of imprisonment without prison labor or heavier;

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