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(영문) 수원지방법원 2013.07.26 2012고합928
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 14, 2007, the defendant is a person who has violated Article 44 (1) of the Road Traffic Act by being sentenced to imprisonment with prison labor for not less than two months at the Suwon District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and on November 20, 2008 at the same court on November 20, the defendant is sentenced to imprisonment for not less than six months for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act and the violation of the Road Traffic Act.

On August 21, 2012, at around 09:05, the Defendant driven C motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.255%, without obtaining a driver’s license, from around 25:0 convenience stores in GS 25:00, which are in the Southern-si, Namyang-dong, to the road in front of the Namyang Police Station located in the same Dong and Dong from around 500 meters.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of the same type of force judgment attached) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) a fine of two million won for drunk driving on January 2002; (b) a fine of four million won for a drunk driving on June 2002; (c) a non-licensed driving on May 2003; and (d) a fine of one million won for a non-licensed driving on September 2003; (b) a fine of one million won for a non-licensed driving on September 2007; and (c) a non-licensed driving on September 2007; and (d) a fine of three million won for a non-licensed driving on May 208; (d) a fine of three million won for a non-licensed driving on around September 2007; and (e) a non-licensed driving on November 208; and (e) a non-licensed driving on March 3, 2008.

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