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(영문) 수원지방법원 평택지원 2015.12.17 2015고단1498
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant issued a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on January 24, 2014, and on January 30, 2015, the said judgment became final and conclusive on February 7, 2015, by having been sentenced to imprisonment for the same crime in the same court, etc.

On October 3, 2015, at around 01:10, the Defendant driven a passenger vehicle B, i.e., the blood alcohol concentration of about 0.107% at the section of approximately 100 meters from the front day of the Sungsi-dong, Seosi-dong to the same Sinsi-si, without obtaining a driver's license, in the state of alcohol alcohol concentration of about 100 meters.

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. Determination on the application of sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Considering all circumstances, such as the fact that the crime is committed during the period of non-applicable suspension of the execution of anO;

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