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(영문) 서울중앙지방법원 2016.03.23 2016고단305
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 December 22, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violating road traffic laws at the Seoul Southern District Court, and on January 15, 2016, the Defendant filed an application for a summary order of KRW 4 million for the same crime with the Seoul Southern District Court.

[2] On December 26, 2015, the Defendant: (a) around 22:53, at the center of Guro-gu Seoul Metropolitan Government, driven a Crane car under the influence of alcohol content of about 8 0.136% while under the influence of alcohol without obtaining a driver’s license for a vehicle from around 50-gil 2, Guro-gu, Seoul, Seoul, to the front road of the 20-ro, Nowon-gu, Seoul, Nowon-gu, to the 23km-ro, Nowon-gu, Seoul, Seoul, Nowon-gu, without obtaining a driver’s license for a vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving without a license, report on the circumstances of the driver of the vehicle and the register of driver's licenses;

1. Management of reports on detection, summary orders, investigation reports (attached to the indictment related to this case) and the application of the Acts and subordinate statutes attached to the indictment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: the risk of recidivism is high considering that the defendant repeats the same crime in a short period.

I seem to appear.

The drinking volume is relatively high.

The favorable circumstances: The defendant shall not have any domestic criminal records exceeding the fine.

The defendant is the most likely to support his wife and child.

The defendant's mistake is divided and reflected.

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