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(영문) 수원지방법원 평택지원 2016.08.18 2016고단1049

도로교통법위반(음주운전)등

Text

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 June 1, 2015, the Defendant received a summary order of KRW 3 million from the Busan District Court's Branch Branch of the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 2 million from the Suwon District Court's House due to a violation of the Road Traffic Act (drinking driving) on June 24, 2016.

On May 16, 2016, the Defendant driven BM5 car without obtaining a driver’s license in the state of alcohol concentration of about 0.130% from the 3km section from the 117-lane to the 8 red enterprise parking lot in Pyeongtaek-si, Gyeonggi-si, Gyeonggi-si, Gyeonggi-si. The Defendant driven BM5 car without obtaining a driver’s license in the state of alcohol concentration of about 0.130% from the 3km section to the road in front of the parking lot.

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 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;