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(영문) 수원지방법원 2014.01.08 2013고단6613
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 5, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sung-nam branch on July 5, 2010, and a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court's District Court on August 20, 2012, and on November 13, 2013, the judgment became final and conclusive on November 21, 2013, by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, a violation of the Guarantee of Automobile Accident Compensation Act, a violation of the Automobile Accident Compensation Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

On November 14, 2013, at around 04:21, the Defendant, without a driver’s license, driven C Poter in the section of about 2 km from the front of the influence Eup in the influent city of 0.120% of the blood alcohol concentration without a driver’s license, to the front of the influent restaurant in the Republic of Korea to the front of the same Eup’s profit-making distance in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries; references to criminal records; report on the results of dispositions before and after confirmation; report on the judgment; report on investigation (report attached to summary order); and application of Acts and subordinate statutes to report on investigation (verification of the confirmation

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is protruding) has a record of being punished for two-time drinking driving as above, and even if the defendant was sentenced to a suspended sentence on November 13, 2013 due to driving without a license, he/she again turns out his/her drinking on the following day after drinking and driving without a license, and led to this case. The statement that the defendant is against his/her duty does not seem to have a common sense, but rather, he/she is in drinking and driving without a license.

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