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(영문) 수원지방법원 성남지원 2013.11.07 2012고합468
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 13, 2010, the Defendant received a fine of two million won due to a violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court on October 13, 201, and a fine of four million won due to a violation of the Road Traffic Act (driving) in the same court on November 28, 201, respectively, and the summary order became final and conclusive.

1. On October 12, 2012, the Defendant, without a car driver’s license on October 12, 2012, driven a Dpfin2 car with approximately 0.08% alcohol concentration on the road located in the Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, with the influence of alcohol leveling to 0.08% prior to the city interesting distance located in the 208 Sinung-dong, the Singu, Seocho-gu, Seoul.

2. On September 8, 2013, the Defendant, without a car driver’s license on September 20:15, 2013, driven Dpin2 car at approximately 500 meters while under the influence of alcohol concentration of 0.087% on the front of the restaurant located in the Seocho-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul, Seoul, in front of the Cheong Accounting Station.

Summary of Evidence

[Violation of the Road Traffic Act (Drivinging) under paragraph (1) of this Article, Violation of the Road Traffic Act (Unlicensed Driving)]

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. The circumstantial report on the driver, the report on the circumstances of the driver, and the report on the driver's circumstantial statement (violation of the Road Traffic Act as referred to in paragraph (2) and the violation of the Road Traffic Act);

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. The circumstantial report on the home-employed driver, and the circumstantial statement of the home-employed driver [the section]

1. Application of Acts and subordinate statutes to inquiry reports;

1. Violation of relevant provisions of the Road Traffic Act concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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