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(영문) 수원지방법원 평택지원 2016.12.08 2016고단1943

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

【Criminal Power】 On April 16, 2012, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act from the Suwon District Court’s site source, and a summary order of a fine of four million won or more for the same crime in the same court on June 10, 2016.

【Criminal Facts】 Although there were two occasions the records of punishment for drunk driving, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.075% without obtaining a driver’s license from around September 20, 2016 to about one kilometer at the entrance of the public-private partnership complex located in the same Eup/Myeon located in the public-private partnership port in Gyeonggi-do, Gyeonggi-do, Gyeonggi-do on September 20, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

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

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;