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(영문) 대전지방법원 천안지원 2013.05.03 2012고단879
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for up to seven months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

- On January 27, 2012, the Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on January 27, 2012; on May 16, 2012, the enforcement of the sentence was terminated; on June 25, 2009, five months of suspended sentence; on May 22, 2009, two years of suspended sentence; on May 22, 2009, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Branch on June 1, 2007; and on June 8, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (refluence) at the Suwon District Court’s jurisdiction.

On November 29, 2012, at around 22:46, the Defendant driven a 31.4 tons truck under the influence of alcohol leveling 0.096%, without obtaining a driver’s license, while under the influence of alcohol leveling 0.4 tons, from the upper corner of the Hyundai Home Town apartment located in the gallle Eup of Pyeongtaek-si, to the uppermost elementary school located in the expansion of Pyeongtaek-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry 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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the fact that the defendant has a record of having been punished several times for the same kind of crime and has committed again the crime in this case even after having been sentenced to imprisonment and having completed the execution of the sentence, such punishment shall be determined as ordered in light of the fact that he/she committed the crime in this case

The acquittal portion

1. Facts charged - The Defendant of "2012 Highest 879" on September 14, 2011.

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