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(영문) 수원지방법원 여주지원 2013.09.30 2013고단828
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the credit branch of Suwon District Court on July 14, 2009, and such summary order became final and conclusive on July 14, 2009. On April 25, 2011, the court issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court on May 4, 201, and the summary order became final and conclusive on May 4, 201. On May 13, 2013, the same court sentenced two years of suspension of execution to one year for a violation of the Road Traffic Act (driving) and became final and conclusive on May 21, 2013.

1. On August 2, 2013, the Defendant, without obtaining a driver’s license on August 2, 2013, driven a Crocketing car at the section of approximately 3 km from the road located in the core population 0.104% of blood alcohol level in the state of drinking, to the road in front of the “Hamart” located in the same Gu Kim Quantity-dong.

2. On August 5, 2013, at around 23:36, the Defendant driven the said car at approximately 200 meters from the front road of a frighttowing-gun in the frighttowing-gun, Gyeonggi-gun, to the roads of a shooting distance in front of the cultural bridge located in the frighttowing-gun, Gyeonggi-gun, which was under the influence of alcohol by 0.113% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, confirmation reports, and application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 (driving on August 2, 2013) of the Commercial Concurrent Crimes Act and between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license) and the punishment imposed on the crimes of violation of the Road Traffic Act with heavier punishment, the crimes of violation of the Road Traffic Act (driving without a license) on August 5, 2013, and the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act with heavier punishment.

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