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(영문) 수원지방법원 평택지원 2013.09.05 2013고단953
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On May 13, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch's Assistance, and on June 29, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at Lwon District Court's Pyeongtaek District Court's Eunpyeong District Court's site on June 29, 201, and was sentenced for ten months on March 21, 201, and was sentenced four times in total for the same criminal power.

【Criminal Facts】

1. On June 12, 2013, the Defendant, without a driver’s license of a motor vehicle on June 12, 2013, while under the influence of alcohol of 0.099% of blood alcohol content without a driver’s license, the Defendant transponed C at the five kilometers section of approximately five kilometers in front of the road of “CU convenience store” located in Dobongnam-dong.

2. On June 26, 2013, the Defendant, without a driver’s license of a motor vehicle on June 26, 2013, while under the influence of alcohol with a blood alcohol content of 0.112% without a driver’s license, driven a clater vehicle at a section of approximately 100 meters from around the house of “block” located in the Ancho-si and Seo-si to the road in front of the Western-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each employer-employed driver's report, and each employer-employed driver's report on his/her current status;

1. Report on the situation of driving without a license, the register of driver's licenses, and driver's licenses;

1. Criminal records: Application of Acts and subordinate statutes to inquiries into criminal records, reports on criminal records, personal identification and confinement status, investigation reports (attached to a copy of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has been punished three times by a fine due to drunk driving, etc.

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