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(영문) 수원지방법원 평택지원 2015.06.18 2015고단514

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 September 24, 2013, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on December 26 of the same year, respectively.

Although the Defendant had had a record of driving under the influence of alcohol twice again, on February 6, 2015, at around 01:25, the Defendant driven a B Sti-type car under the influence of alcohol without obtaining a driver’s license for the first apartment at the entrance of the 1m road, which is located in Pyeongtaek-si, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, investigation reports (Confirmation of the same attached records, and application of Acts and subordinate statutes);

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 for probation: None of the relevant factors;