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(영문) 수원지방법원 성남지원 2017.09.14 2017고단2010
병역법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support on April 10, 2012. On January 23, 2017, the same court issued a summary order of KRW 3 million for the same crime. On June 30, 2016, the same court was sentenced to a suspended sentence of ten years for a violation of the Military Service Act on July 8, 2016, and the judgment became final and conclusive on July 8, 2016.

[2017 Highest 502] On March 23, 2017, the Defendant driven a vehicle with CMW 520d car without obtaining a driver’s license from the 8km section of approximately 0.068% alcohol concentration in blood, from the road located in the other party road in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul to the road in front of the flusium hospital, which is located in 13 minutes of the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving the said vehicle without obtaining a driver's license in the influence of alcohol.

[2017 Highest 2010] The defendant from March 31, 2011 to his/her social service personnel belonging to the Sungnam-si Office D shall not leave from his/her social service personnel for at least eight days without justifiable grounds, nor shall he/she perform his/her duties in the relevant field.

Nevertheless, the defendant from February 20, 2017 to February 24, 2017, and from February 27, 2017 to the same year.

3. 2. up to eight days, he/she was absent from his/her service for at least eight (8) days without good cause, due to his/her failure to attend the work in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City for at least 36 (36).

Summary of Evidence

[Criminal Records] : 2017 Highest 502

1. Written inquiry about criminal history, etc.;

1. Investigation report (report on suspect's drinking alcohol and confirmation of his/her previous driver's license without a license), investigation report (report on confirmation of the fact that the suspect is under probation period).

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. The driver’s license ledger [2017 Highest 2010].

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