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(영문) 수원지방법원 안산지원 2014.12.17 2013고단3256

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 9, 200, the Defendant was sentenced to a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on August 3, 2006, the Defendant was sentenced to a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act, and on March 28, 2008, the Defendant was sentenced to a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court at the Suwon District Court on April 14, 2009, and sentenced to a summary order of KRW 4 months and a suspended sentence of KRW 2 years as a fine for a violation of the Road Traffic Act (no license) at the Suwon District Court at the Suwon District Court on November 24, 2009, and sentenced to a suspended sentence of KRW 28 years as a fine for a violation of the Road Traffic Act (no license) at the Suwon District Court on November 24, 2009.

On August 9, 2013, around 03:40 on August 9, 2013, the Defendant driven B K5 cars while under the influence of alcohol content of 0.233% without a driver’s license, from around about 10km to around 326.4km away from the roads near the mutually influent restaurant in Gangseo-gu Seoul Metropolitan Government to the point under the jurisdiction of Seosan-si, Seosan-gu, Seosan-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a copy of the same type of judgment, etc.);

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment;