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(영문) 수원지방법원 안산지원 2014.12.11 2013고단673
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 19, 2009, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act by the Chuncheon District Court on February 19, 2009, and was sentenced to a fine of three million won or more for the same crime in the same court on April 8, 2009.

On March 11, 2013, under the influence of alcohol concentration of 0.124% without a driver’s license, the Defendant driven B freight from the front restaurant in the trade name in the fluent seat of the members of Ansan-si to the front road of about 100 meters from around 960 meters from the previous restaurant in the trade name in the fluent seat of the members of Ansan-si to the same 960th road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. A driver's license inquiry;

1. Previous convictions: Criminal records, written judgments, and application of summary order 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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