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(영문) 수원지방법원 성남지원 2013.10.11 2013고단1621

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 28, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 11, 2008, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 11, 2008, respectively. On February 7, 2013, the Seoul Central District Court sentenced the Defendant to a suspended sentence of two or more times for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Central District Court on February 7, 2013.

【Criminal Facts】

On July 18, 2013, at around 00:08, the Defendant driven a D body-man car without obtaining a driver's license in the state of alcohol concentration of approximately 0.073% in the 18km section from the front of Jongno-gu Seoul Metropolitan Government to the front road of the 261 U.S. Manam-si, Sungnam-si.

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. Application of Acts and subordinate statutes to criminal records;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;