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(영문) 수원지방법원 2014.05.15 2013고단3336
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On May 15, 2013, the Defendant was issued a summary order of 2.5 million won by a Suwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of 4 million won by a violation of the Road Traffic Act (driving on August 14, 2012) at the credit branch of Suwon District Court on August 14, 2012.

【Criminal Facts】

The defendant is a holder of the B PS car, who is engaged in the duty of driving the car.

1. Around 01:30 on May 24, 2013, the Defendant driven the said vehicle at a section of about 1km prior to the road of the Central Tax Director, the head of the Central Tax Office, the wife population and the head of the Si/Gun/Gu, who is under the influence of alcohol by 0.142% without a driver’s license, in an influenced state of blood alcohol concentration of 0.142% at an influent place without a driver’s license.

2. Although the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the motor vehicle on May 24, 2013, before the vice president of the Central Tax Division, who is located in the Man-si, Man-si, the wife population, on May 24, 2013.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Previous records of judgment: Criminal records, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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