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(영문) 전주지방법원 군산지원 2013.07.11 2013고단370
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on March 20, 2009; on August 28, 2009, a summary order of KRW 1 million for a violation of the Road Traffic Act; on July 30, 201, the Seoul Central District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 30, 201; on October 14, 201, a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Central District Court on September 7, 2012; and on September 7, 2012, the Seoul East District Court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (Unlicensed Driving).

On April 6, 2013, the Defendant, without obtaining a driver's license at around 22:50 on April 6, 2013, driven a CM7 car owned by the Defendant to the front of a restaurant, which is not aware of the trade name in the next road of the gold construction material located in the YU-si-dong in the YU-si-si-dong under the influence of alcohol by 0.050% of the blood alcohol concentration.

As a result, the defendant was driving without a license even though he had a criminal record of drinking alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report accompanied by a copy of a summary order), and application of statutes governing summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that the defendant has committed a crime in the instant case while making his/her confession, that the defendant sells the vehicle in his/her judgment and again makes him/her not to drive a drunk

1. Probation;

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