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(영문) 수원지방법원 평택지원 2017.01.19 2016고단1947

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 23:40 on September 19, 2016, the Defendant driven a B human vehicle from the front side of the “satisfying satch” to the front side of the “satisfying satching satisfying satfying” to the front side of the same flat satisfying 0.185 percent alcohol concentration in the blood while under the influence of alcohol around 23:40 on September 19, 2016.

On September 7, 2016, the Defendant was charged with summaryly committing a violation of the Road Traffic Act (driving in Drinking) in the Pyeongtaek District Court of Suwon District on September 7, 2016. On the 28th day of the same month, the Defendant was charged with non-detained by the same court due to a violation of the Road Traffic Act (driving in Drinking) and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On November 2, 2016, the Defendant driven B, under the influence of alcohol content of 0.108% in blood without a driver’s license, from the 50-meter section of around 50 meters to the 2nd road of the same city, from the main line of the trade name, “Cackering caner,” which is located in Pyeongtaek-si joint-dong of Pyeongtaek-si around 01:00 to the 2nd road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. The application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (attached to indictment);

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of drinking on September 19, 2016), Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act (the point of drinking on November 2, 2016), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The surveillance and observation of protection and the operation of the community service order under Article 62-2 of the Criminal Act are carried out repeatedly and repeatedly in a short period, despite the record of driving alcohol on the grounds of sentencing.