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(영문) 수원지방법원 평택지원 2015.08.20 2015고단844
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

On September 28, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on July 7, 2014, the above court received a summary order of KRW 4 million as a fine for the same crime.

Although the Defendant had had a history of driving under the influence of alcohol twice again, on April 7, 2015, at around 22:46, the Defendant driven a e-mail vehicle under the influence of alcohol content of 0.131% without obtaining a driver’s license, in a distance of about 200 meters from the Do in front of the Pyeongtaek-si Station located in Pyeongtaek-si, Gyeonggi-do, to the front road.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A driver's license inquiry;

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. 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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