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(영문) 수원지방법원 안산지원 2013.08.30 2013고단646

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Highest 646]

1. On May 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch, and on January 25, 2013, the above court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act more than twice.

On March 15, 2013, at around 22:50, the Defendant, without a driver’s license, driven the F bargaining riding vehicle in the same section of approximately 1km from the Dong-dong where the dong-dong located in the Dong-dong, Ansan-si, the Defendant was under the influence of 0.14% of alcohol level without a driver’s license.

[2013 Highest 917]

2. On April 6, 2013, around 22:40, the Defendant, without a driver’s license, driven the F bargaining car from the section of 20 to the section of 1622-5 of the 1622.

[2013 Highest 1642]

3. On May 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch, and on January 25, 2013, the above court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act not less than twice.

On July 17, 2013, at around 00:24, the Defendant, without a driver’s license, driven a B observer car from about 1 km section to the front road located in H at the home of the Defendant in Heung City, while under the influence of alcohol of 0.158% of blood alcohol level without a driver’s license.

Summary of Evidence

[2013 Highest 646]

1. Defendant's legal statement;

1. Reading into the ledger of driver's licenses and the results of the drinking driving control;

1. A written inquiry report on criminal records, etc., and each summary order (2013 high group 917);

1. Defendant's legal statement;

1. The driver's license ledger (2013 Highest 1642);

1. Defendant's legal statement;

1. Driver's license ledger and report on the circumstantial statement of the driver;

1. Application of Acts and subordinate statutes to criminal records, investigation reports (verification of facts related thereto);

1. Each corresponding provision of the Road Traffic Act concerning the facts constituting the crime; and