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(영문) 수원지방법원 2013.05.28 2013고단795

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 14, 2009, the Defendant was sentenced to a suspended sentence of six months at the Suwon District Court for a violation of the Road Traffic Act, and on August 16, 2012, the Defendant was sentenced to a suspended sentence of eight months at the Seoul High Court for a violation of the Road Traffic Act, and was released on December 24, 2012 in the Suwon Detention House on parole on December 29, 2013 and the period of parole was expired on January 29, 2013.

On February 24, 2013, the Defendant, without obtaining a driver’s license on February 24, 2013, driven a CPoter car owned by the wife B from the eland parking lot located in the agency of the wife population in the eropo-Eup in the state of drinking at 0.079% of the blood alcohol concentration from the erogic road of the same Eup to the erogic triular road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Inquiry into driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on binding written judgments);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the defendant was sentenced to a crime of violation of the Road Traffic Act, etc. and committed each of the crimes of this case again within two months after parole during the execution of the sentence, and the degree of alcohol concentration in the blood alcohol of this case shall be determined by taking into account the matters prescribed in Article 51 of the Criminal Act, such as the numerical value of alcohol concentration in this case;