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(영문) 수원지방법원 성남지원 2013.11.08 2013고단2150

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court, and on November 22, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court.

On June 6, 2013, the Defendant, without obtaining a driver's license at around 05:30, driving a Bnicper car at approximately 10 km on the front road in the Mannam-gu, Sungnam-gu, Sungnam-gu, Sungnam-dong, the front road in the Mannam-gu, Sungnam-gu, Sungnam-si, the main body of which is 0.111% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was committed while committing a crime, repents, and supports his father who is not healthy. However, the defendant was sentenced three times due to drinking or driving without a license and was sentenced to a fine not exceeding three times on November 22, 2012 and was sentenced two years to a suspended sentence of six months due to drinking driving on November 22, 2012, and the defendant was sentenced to a suspended sentence of six months during the suspended sentence of drinking or driving without a license during the suspended sentence of this case.