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(영문) 수원지방법원 안산지원 2013.06.25 2013고단1038
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 7, 2007, the defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act in the Busan District Court's Busan Branch on August 7, 2007, and a fine of 2.5 million won as a crime of violation of the Road Traffic Act in the same court on May 14, 2009, respectively, and on August 4, 2010, the same court was sentenced to a summary order of 2.5 million won as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and a crime of violation of the Road Traffic Act.

On May 4, 2013, around 17:37, the Defendant driven approximately 25 km-man car while under the influence of alcohol concentration of 0.107% without a driver’s license on the front of the distance of the loan introduced in front of the 1693-dong, Siang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of driving without a license, report on the situation of driving without a license, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, each investigation report (in filing of a copy of the summary order and the same kind of records), each summary order, and the application of statutes governing the judgment;

1. Relevant provisions of Article 148-2 (2) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Determination is based on the following facts: (a) the Defendant reflects the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the Defendant is punished by a fine for drunk driving; (c) the Defendant is punished by a fine for a drunk driving; and (d) once the Defendant is punished by a drunk driving and a unlicensed driving; and (c) the probation once due to a violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents; and (d) the Defendant has been sentenced one time to a suspended sentence

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