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(영문) 춘천지방법원 강릉지원 2013.10.30 2013고단469
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on June 1, 2012, and the said judgment became final and conclusive on the 19th of the same month, and is currently under the suspended sentence, and on May 28, 2010, the above court was sentenced to imprisonment for five months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and for two years for a suspended sentence and was sentenced to a punishment

The defendant is a person who is engaged in driving a C observer car.

On June 27, 2013, the Defendant, at around 21:17, driven a approximately one kilometer section as Defendant’s car without obtaining a driving license in the state of alcohol alcohol concentration of 0.094%, from the front side of the “Seoul High School” located in the Won-gu Won-gu Won-gu, Suwon-gu, Suwon-do, an Eup to the front side of the “Tgu Timber” located in the same Eup/Myeon, from the upper side to the front side of the “Tgu Timber.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, the ledger of driver's licenses, and the current status of disqualified persons;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act is that the defendant has already been punished five times due to the same kind of crime, which is sentenced to a suspended sentence, and three times of which is in the present suspended sentence. The defendant is difficult to find out the situation of the renewal even though he is still in the current suspended sentence.

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