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(영문) 수원지방법원 안산지원 2013.06.28 2013고단1036

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 August 21, 2007, the defendant was sentenced to a fine of 700,000 won for the violation of the Road Traffic Act in the Suwon District Court's Ansan branch on August 21, 2007, and a fine of 1 million won for the violation of the Road Traffic Act in the Ansan District Court's Ansan branch on February 25, 2013, and was punished twice for drinking driving.

On 23:50 on 29:29:20 on 2013, the Defendant, without a car driver’s license, driven B rocketing vehicles up to the frontway of the Hosan Middle School located in the 1070-15-ro, Ansan-si, 1070-15, whose blood alcohol content was under the influence of alcohol by 0.15%.

Accordingly, the defendant was a person who violated the drinking driving at least twice, and was driving a motor vehicle with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (Attachment to the same final judgment);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has no criminal record of the same kind of suspended sentence or heavier, and the fact that the criminal defendant is the opposite)

1. Probation and order to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;