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(영문) 수원지방법원 평택지원 2013.09.26 2013고단986
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 13, 2008, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam Branch's branch on November 13, 2008; on April 19, 2010, a summary order of KRW 1.5 million for a violation of the Road Traffic Act ( sound driving); on October 21, 201, from the Seocheon Branch's branch's of the Incheon District Court, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act ( sound driving) on October 27, 201; and on November 4, 2011, the above judgment became final and conclusive after having been sentenced to imprisonment of KRW 6 months and suspension of execution for a violation of the Road Traffic Act (driving under the Housing Site of the Suwon District Court).

On August 5, 2013, at around 21:27, the Defendant driven B Poter II cargo at a 500-meter section prior to the 24-clock Do located in the seat of Pyeongtaek-si in front of the 24-si in the seat of Pyeongtaek-si to the road in front of the tin Do in the seat of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, the report on the status of operating a motor vehicle under consideration, the report on the status of the motor vehicle under consideration;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the confirmation of the same criminal records) and other 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 crime of this case on the ground of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a case where the defendant drives a motor vehicle without a driver's license, and the defendant has already been punished several times due to drunk driving, etc., and the defendant committed the crime without being aware of it during the suspension period of execution due to the same kind of crime.

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