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(영문) 수원지방법원 안산지원 2012.11.23 2012고합410

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 15, 2007, the defendant of criminal power was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Suwon District Court on February 15, 2007, and on August 20, 2008, on August 20, 2008, he was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court's Ansan Branch, etc., and on October 9, 2008, the above suspended sentence became final and conclusive, and the execution of each of the above suspended sentence was terminated on July 19, 2009. On September 8, 2011, the defendant was issued a summary order of five million won of fine from the Suwon District Court's Ansan Branch Branch for a violation of the Road Traffic Act (driving)

2. On July 3, 2012, the Defendant: (a) around 14:03, the Defendant driven Bone Star car at a section of approximately 500 meters away from the front road of the 500m radius, which is located in the Mansan-si, Ansan-si, Ansan-si, to the front road of the Ansan-si Police Station located in the same Dong without a car driver’s license, while under the influence of alcohol with a blood alcohol concentration of at least 0.069%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, inquiry into the results of the control of drinking driving, and driver's license inquiry;

1. A previous conviction in judgment: A inquiry report on criminal records, etc., report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to the investigation report (report on confirmation of the completion of punishment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic 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 35 of the Criminal Act among repeated crimes;

1. The crime of this case for the reason of sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is deemed to have driven a vehicle under the influence of alcohol or without a license, and the defendant has already been punished several times by imprisonment with prison labor due to driving under the influence of alcohol or without a license.