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(영문) 인천지방법원 부천지원 2014.12.17 2014고단2939
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 15, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on August 15, 2009; on August 20, 2010, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act; on May 13, 201, the Incheon District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (free license) at the Incheon District Court’s Incheon District Court on October 29, 201; and on October 29, 2013, a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (free license) at the Incheon District Court.

On November 14, 2014, at around 22:07, the Defendant driven a B e-mail-wide car without obtaining a driver’s license with a blood alcohol concentration of about 1.5 km from around the front day of the 71-lane, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoul, to the front day of the 71-lane, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering circumstances, such as confessions and reflects, and the absence of any record of punishment exceeding the fine due to the same kind of crime);

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

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