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(영문) 수원지방법원 2013.09.05 2013고단2794

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 20, 2011, the Defendant was punished by a fine not exceeding two million won for a violation of the Road Traffic Act at the Suwon District Court, and on December 21, 201, by a fine not exceeding 1.5 million won for a violation of the Road Traffic Act at the Suwon District Court.

At around 00:20 on May 28, 2013, the Defendant, without obtaining a driver’s license, driven a B-to-purd vehicle under the influence of alcohol 0.104% of alcohol content at approximately 1.5 km from the front of the Man-dong Sin-Man-si Si Shin-si to the front road of the same Man-Belgium resource.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports (A), investigation reports, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include several times of punishment including the punishment due to drinking or unlicensed driving, and the punishment shall be determined as ordered in consideration of the matters prescribed in Article 51 of the Criminal Act, such as the numerical value of alcohol concentration in the blood of this case;