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(영문) 수원지방법원 평택지원 2016.11.10 2016고단1816
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

[2016 Highest 1816] On October 31, 2014, the Defendant received a summary order of KRW 1,500,000,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on January 2, 2015, the same court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On September 4, 2016, the Defendant, without obtaining a driver’s license at around 10:10, driven a vehicle of 2 Apurburged B in the section of approximately two kilometers from the 2651 west-gu, Taepuk-dong to the new Ambassador of the same city, under the influence of alcohol concentration of 0.107 percent of the blood alcohol concentration.

As a result, the defendant was driving two or more times, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

[2016 Highest 2026] On August 27, 2016, the Defendant driven a B-to-purd motor vehicle without a driver’s license from the front of the modern apartment in Pyeongtaek-dong, Pyeongtaek-dong, to the front road of the same city in the same city, the rate of self-defluence 347-24, Abbbbbbeom-distance, to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of driving without any license;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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