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(영문) 수원지방법원 평택지원 2016.11.16 2016고단1350

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngju District Court’s Youngdong Branch, on December 3, 2010, a summary order of KRW 1.5 million as a fine for the same crime from the Seocheon Branch Branch of the Daejeon District Court’s Incheon District Court on December 3, 201, and on November 21, 201, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) was issued, respectively.

Although the Defendant had been punished for the violation of the Road Traffic Act more than twice, on July 1, 2016, the Defendant driven a Crash car at approximately 50km from the 360km away from the Annsung-si Highway in the direction of alcohol concentration of 0.103% under the influence of alcohol around July 1, 2016, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. Police investigation report (Application, etc. of the Rapt);

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Each photograph (field, etc.);

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as ordered by the court on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;