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(영문) 수원지방법원 안산지원 2013.05.15 2013고단923

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court on the following grounds: (a) a fine of three million won for the same offense in the same court on August 4, 2010; and (b) a fine of six million won for the same offense in the Seosan Branch of the Daejeon District Court on March 12, 2012.

Criminal facts

On April 5, 2013, the Defendant, without obtaining a driver’s license at around 00:10, driving a B-te motor vehicle at a section of about 500 meters from the place in Sincheon-dong in Sincheon-dong to the front road of Sincheon-dong 332, Taecheon-dong in Sincheon-dong 332, the Defendant, while under the influence of alcohol at a 0.082% alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, and report on the situation of driving with a driving without a license;

1. The report on the results of crackdown on drinking driving and the driver's license register;

1. Division: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, pre-dispositions, reporting on the results of confirmation, and investigation reports (Attachment of previous and summary order copies);

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the 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 62 (1) of the Criminal Act (including the fact that the criminal defendant has no criminal record of the same kind of suspended sentence or heavier, and the fact that the criminal defendant is the opposite)

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;