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(영문) 수원지방법원 평택지원 2016.06.17 2016고단534
도로교통법위반(음주운전)등
Text

The defendant is punished by imprisonment with prison labor 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 August 12, 2015, the Defendant was sentenced to a summary order of a fine of KRW 7 million for a violation of road traffic law in the Daejeon District Court's branch on August 12, 2015, and on August 30, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a violation of road traffic law (driving), and was sentenced to a fine of KRW 5 million on August 30, 2013.

Nevertheless, on February 13, 2016, the Defendant driven a BK 3 car under the influence of alcohol content of 0.096% in blood without obtaining a driver’s license on February 13, 2016, and driven a vehicle from around 5 km to the lower road below a galg high-speed road in the same time as a galging Eup in the front of the Magwon Hospital, which is located in the Gyeonggi-si.

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. Each police investigation report;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is so decided as per Disposition on the grounds that protection observation, community service, and lecture attendance order Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection (Judgment on sentencing guidelines) - the reasons for sentencing more than applicable crimes are not applicable crimes.

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