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(영문) 수원지방법원 성남지원 2015.04.24 2015고단366
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act, and is currently pending in the appellate trial. On September 7, 2007, the Defendant was sentenced to a suspended sentence of 2 years for the crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on September 7, 2007. On November 12, 2009, the Defendant was sentenced to a summary order of 1.5 million won for the crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on November 12, 2009 and was sentenced to a summary order of 1.5 million won for the crime

1. Around 00:50 on February 5, 2015, the Defendant was driving Crocketing car under the influence of alcohol with a blood alcohol concentration of about 0.147%, without obtaining a driver’s license, from the front side of the restaurant located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, “Evenive Sea” to the front side of the same military livingly located in the same area from the day on which the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.147%, without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the pertinent car without mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports (Attachment of written judgments), copies of written judgments, investigation reports (verification of suspect's same records and confirmation of the progress of cases during the appellate trial), written judgments, and application of Acts and subordinate statutes concerning the proceedings of trials;

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 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

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

1. Selection of penalty:

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