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(영문) 광주지방법원 목포지원 2014.01.27 2013고단1804
도로교통법위반(무면허운전)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 17, 2010, the Defendant was notified of a summary order of KRW 1.5 million for the violation of the Road Traffic Act (driving) in the Yeongdeungpo Branch of Gwangju District Court on August 17, 2010, and a summary order of KRW 3 million for the violation of the Road Traffic Act (driving on August 25, 2010).

On November 25, 2013, the Defendant, while under the influence of alcohol by 0.224% without a car driver’s license, driven the B Poter, spool cargo from approximately 2 km to the road front of the Sowing-gun, Yan-gun, Nanan-gun, Nanan-gun, Nanan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun, Nan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of a report on detection of a host driver;

1. Entry in the register of driver's licenses;

1. Previous records: Application of the Acts and subordinate statutes that record inquiry reports such as criminal records;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the absence of previous convictions who have been sentenced to imprisonment without prison labor or heavier punishment);

1. It is so decided as per Disposition for the reasons under Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Probation, etc. Act;

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