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(영문) 수원지방법원 평택지원 2016.09.22 2016고단506
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 6, 2014, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of road traffic law at the Suwon District Court's Eunpyeong District Court's House on October 6, 2014, and on October 26, 2015, the same court issued a summary order of KRW 2,50,000 as a fine for the same crime.

On March 24, 2016, at around 01:50, the Defendant driven a BM5 vehicle under the influence of alcohol 0.135 percent in alcohol while under the influence of alcohol, from the front line of the BM5 car registry office located in Pyeongtaek-si Seo-dong, to the same city-to-ro 191.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

around 21:07 on May 26, 2016, the Defendant driven a BS 5-car without obtaining a driver's license from the French Do in the same city from the French Do located in Pyeongtaek-si, Pyeongtaek-do to the Pyeong Do in the same city.

On July 22, 2016, the Defendant driven a BM5 car without obtaining a driver's license from around 20:30 on July 22, 2016, and operated a section of about 10km from the front of the Gi-dong Public Prosecutor's Office to the front of the same Si-dong Public Prosecutor's Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control results of drinking driving, report on the situation of driving without a license, and inquiry letter of driver's license;

1. Application of an inquiry letter, such as criminal history, investigation report (verification of drinking alcohol at least twice) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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

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

1. There has been a record of being sentenced to a fine twice due to the observation of protection and the operation of the community service order for sentencing Article 62-2 of the Criminal Act.

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