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(영문) 수원지방법원 평택지원 2016.10.06 2016고단1554

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 July 10, 2008, the Defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the Suwon District Court as well as a summary order of 5 million won of a fine by the above court on October 25, 2013, respectively.

On July 30, 2016, at around 22:02, the Defendant driven a B-car under the influence of alcohol content of about 0.088% without obtaining a driver’s license from the section of approximately 300 meters from the front of the mutually influoroned restaurant in Pyeongtaek-si to the front of the same Eup’s “Pool Pisonn” road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

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

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;