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(영문) 수원지방법원 안산지원 2013.03.26 2012고단2487
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2012, at around 03:40, the Defendant, without a driver’s license, driven the B observer car volume from the 12 commercial complex in Ansan-si, Dongwon-dong to the 841-1 street of the same Gu, under the influence of alcohol content of 0.19% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on the statement of the situation of a drinking driver, records of drinking measurements, and reports on the actions of a drinking driver;

1. Registers of driver's licenses;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (five pages of evidence records);

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. The decision is made in light of the following: (a) even though the Defendant was under the suspension of the execution due to an unlicensed driving, the Defendant was under the influence of drinking and unlicensed driving, and the Defendant was under the seven-time punishment due to drunk driving or unlicensed driving. It is so decided as per Disposition for the above reasons.

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