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(영문) 수원지방법원 평택지원 2016.08.11 2016고단1044

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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

On February 13, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on February 13, 2009, and a summary order of KRW 3 million as a fine for the same crime from the Pyeongtaek District Court on July 4, 2014, respectively.

On June 11, 2016, around 17:20, the Defendant driven a passenger car with B low alcohol concentration of 0.123 percent while under the influence of alcohol without obtaining a driver's license from around 15 kilometers from the Do in front of Pyeongtaek-si, 93-20, Dong-dong, from around 17:20, to the front road of Pyeongtaek-si, 3825, Dong-dong.

As a result, the Defendant, who has driven a motor vehicle twice or more times, once again driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;