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(영문) 수원지방법원 성남지원 2012.08.09 2012고단1178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 18, 2011, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court for the crime of violation of the Road Traffic Act. On November 26, 2011, the judgment became final and conclusive.

On June 25, 2012, at around 22:49, the Defendant driven Calburged vehicle with approximately KRW 200 meters section from the front day of the Mangymba Eup in Gwangju-si to the front day of the Mangymbane Eup in Gwangju-si, without obtaining a driver's license, while under the influence of alcohol of 0.088% of blood alcohol concentration, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Before ruling: Application of Acts and subordinate statutes on investigation reports (report accompanied by a written judgment);

1. Relevant provisions of Article 148-2 (1) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act of 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;

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