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(영문) 수원지방법원 2014.05.15 2013고단1492
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 27, 2008, the Defendant was sentenced to a fine of one million won or more for a violation of the Road Traffic Act at the Suwon District Court on June 27, 2008, and a fine of 3.5 million won or more for a violation of the Road Traffic Act at the same court on June 8, 201.

【Criminal Facts】

On April 5, 2013, at around 21:01, the Defendant driven a B-car under the influence of alcohol content of about 0.073% without obtaining a driver’s license from the front of the restaurant where it is impossible to know the trade name in the Jinju-si, Gwangju-si to the front road of the 19km-si, G-ro, which is located in the height of the wife population, from the front of the restaurant where it is difficult to find out.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The license and the register;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that there exists no record of punishment heavier than a suspended sentence due to the same type of crime);

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