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(영문) 수원지방법원 여주지원 2014.01.20 2013고단1223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 24, 2013, at around 02:10, the Defendant, without obtaining a driver’s license, driven CM car at approximately 0.19% under the influence of alcohol in the section of about 1km to the front day of the happiness of KRW 0,00,00,00 in the Mari-Eup, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. On October 12, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for violation of the Road Traffic Act and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Chungcheong District Court’s Chungcheong Branch on October 12, 2012, and committed the instant crime even during the period of suspension of execution after the sentence was finalized on October 20, 2012. Considering the fact that the Defendant committed the instant crime during the period of suspension of execution, and that the blood alcohol concentration level of the instant blood alcohol level is high, the Defendant would have to be sentenced to imprisonment

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