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(영문) 수원지방법원 여주지원 2014.02.28 2013고단1303
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 31, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the credit branch of Suwon District Court on May 31, 2010, and on June 18, 2012, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

On October 1, 2013, at around 20:27, the Defendant, without a driver’s license, driven a B-low vehicle at the 1km section of approximately 1km to the front of the North T-ri Park in the same interest, from the windowo distance located in the G-ri, North Gyeongdong, Chungcheongnam-gun, Chungcheongnam-do, in the state of alcohol level of 0.179% of alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking alcohol driving, the report on the actual state of drinking drivers, and electronic documents;

1. A driver's license inquiry;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to 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 (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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, despite the fact that he was punished for drinking and driving without a license, was able to do so, and the blood alcohol concentration is reasonable, and the blood alcohol concentration is also reasonable. Thus, the Defendant’s severe criminal punishment is inevitable.

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