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(영문) 청주지방법원 제천지원 2013.11.14 2013고단711
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 10, 2007, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on August 10, 2007, a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the same court on January 21, 2008, and a summary order of KRW 2.5 million for a fine of violation of the Road Traffic Act at the Seoul East East District Court on June 26, 2009, and on July 26, 2013, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving without a license) at the site of Suwon District Court of Suwon District on July 26, 2013, respectively.

【Criminal Facts】

1. On September 3, 2013, the Defendant: (a) around 03:25 on September 3, 2013, 2013, the Defendant driven Cran-do car under the influence of alcohol content of about 0.091% without obtaining a driver’s license from a section of about 3km in the same city of Dacheon-si to the station water shop in front of the same city of volcano-dong.

2. On June 21, 2013, the Defendant: (a) around 23:59 on June 21, 2013, the Defendant driven a DNA SM7 car owned by the Defendant under the influence of alcohol content of approximately 0.066% from the 1km section from the 1km section to the chill-do-Eup-Eup, Gyeonggi-do-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of each drinking driver, report on the circumstances of each drinking driver, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiry report-criminal history, summary order, and application of the Acts and subordinate statutes written indictment;

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 driving under influence of alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the same four times as the defendant.

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