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(영문) 수원지방법원 성남지원 2012.12.13 2012고단2022

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 9, 2010, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on April 9, 2010, and completed the execution of the sentence in the Cheongju Prison on September 2, 2010.

On September 6, 2010, the Defendant driven a 49c A-FUR motor bicycle in the state of alcohol alcohol concentration of about 0.143% while under the influence of alcohol without obtaining a motorcycle driver’s license from the front side of the new iron metal in the Cheongju-si, a substantial area of Cheongju-si, to the front side of the Denisher, a considerable area of the Cheongju-si, to the Denisher in the 200-meter-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, copies of written judgments, references to case agreements, and current status of personal identification;

1. Article 148-2 Subparagraph 1, Article 44(1), Article 154 Subparag. 2, and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201);

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 under Article 35 of the Criminal Act for a repeated crime is against the crime of this case, but the defendant committed the crime of this case during the same repeated crime period even though he was punished five times due to drunk driving and nine times due to unlicensed driving, the criminal act of this case was punished for six months due to drunk driving, the punishment was imposed for April 2008 and 2010 with no license for driving, and the defendant's character and behavior, family environment, attitude after the crime, etc. shall be determined by comprehensively taking account of the following factors: