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(영문) 수원지방법원 2013.08.13 2013고단1608
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 11, 2010, the Defendant was sentenced to six months by the Suwon District Court for a violation of the Road Traffic Act, etc., and was released on July 29, 201 from a female prison on parole on September 13, 201, and the remaining term of imprisonment has expired.

On September 24, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months, 2 years of suspended execution, and 6 months of November 11, 201 by the Suwon District Court for a violation of the Road Traffic Act.

On March 15, 2013, at around 17:40, the Defendant driven the D presson vehicle without a driver’s license, while under the influence of alcohol 0.142% from the 5km section from the front of the new timber office located in Heung-gu, Gyeonggi-si, Gyeonggi-do to the front road of the dwelling located in the Gyeonggi-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of a reference inquiry report and investigation report, including criminal records, and Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had a record of having been punished several times for drunk driving; (b) the Defendant again committed the instant crime within the repeated period after having been sentenced for a drunk driving and having completed the term of punishment; (c) the volume of blood alcohol concentration in the instant case; and (d) the Defendant’s refusal of alcohol, taking into account the matters prescribed in Article 51 of the Criminal Act, such as the fact that he/she committed the instant crime; and

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