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(영문) 수원지방법원 평택지원 2016.07.14 2016고단557
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2006, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of a violation of the Road Traffic Act, on March 23, 2009, a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking), and on August 1, 2014, a summary order of KRW 7 million was issued from the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of a violation of the Road Traffic Act.

Although the Defendant had had a power of driving under the influence of alcohol two or more times, the Defendant again driven BM5 car at the 2nd alcohol level of 0.169% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the front side of the Gyeong University, which was in the direction of the Gyeong University, from about 1km to about 74:3,00,00 in the center of the same city, at approximately 1km from the front side of the Gyeong University to the road of about 367,00.

Accordingly, the Defendant, without obtaining a driver’s license, driven a motor vehicle at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Inquiry into criminal history and report on investigation (verification of driving skills under drinking not less than twice) on criminal history and the application of statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In spite of the record of being sentenced to a four-time fine due to the driving of drinking alcohol for the reason of sentencing of Article 62-2 of the Criminal Act, the drinking and non-licensed driving have again been conducted, and the drinking level is very high.

The execution of a sentence of imprisonment equivalent thereto shall be suspended on the condition of observation of protection, etc. in consideration of the absence of criminal records exceeding fines.

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