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(영문) 수원지방법원 2016.03.04 2015고단4554
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method and KRW 3 million with the same court on August 26, 2015.

1. On September 3, 2015, the Defendant was under the influence of alcohol content of 0.089% in blood without obtaining a driver’s license on around 04:05 on September 3, 2015, the Defendant driven a vehicle from approximately 50 meters away from the 50-meter section from the uppermost of the Red Sealine, the Red Sealine, to the front of the same sphere of street.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the same provision.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as seen above, operated a motor vehicle of soflurt with the Defendant’s possession, which was not covered by mandatory insurance at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Making teas;

1. Inquiry into mandatory insurance;

1. Records of judgment: Application of a written inquiry about criminal history, etc., a written reply to inquiry, a previous conviction on disposition, and an investigation report (Attachment to a criminal suspect's previous conviction and summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Articles 53 and 55(1)3 of the Criminal Act (the crime....) of the mitigated amount

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