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(영문) 수원지방법원 2012.11.28 2011고단2192
도로교통법위반(음주운전) 등
Text

The punishment of the accused shall be four months by imprisonment.

Reasons

Punishment of the crime

On September 27, 2010, the Defendant, without a driver’s license, driven a vehicle of 500 meters in a volume B from the front side of the Seoul Hospital located in the height of the wife population to the front side of the “Seoul Hospital” located in the same Dong located in the same region without a driver’s license, on September 27, 2010.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The circumstantial reports on drinking drivers, the results of drinking control, and the application of statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 148-2, Article 44(1) (a) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201), Article 152 Subparag. 1, and Article 43 for the crime at issue;

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

1. The reason for the sentencing of selective sentence of imprisonment with prison labor is that the defendant was sentenced to a suspended sentence of six months at the Suwon District Court for the same crime on April 17, 2009 at the time when he was sentenced to a suspended sentence of two years and became final and conclusive at that time, and the criminal records had already been punished for driving and driving without obtaining a license on six occasions (two times a suspended sentence) prior to the instant crime, even though he was under the suspended sentence period, he did not know even though he was still under the suspended sentence, and led to the instant crime and did not faithfully attend the trial, it is inevitable to

However, in addition to the fact that there is no other traffic accident due to the driving of the instant case, there is no criminal punishment imposed by imprisonment, and all other circumstances such as the defendant's age, family relation, etc., the punishment as ordered shall be determined.

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