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(영문) 수원지방법원 평택지원 2017.06.15 2017고단530
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

The Defendant was sentenced to a fine of KRW 1,50,000 on December 16, 201 to a violation of Road Traffic Act (driving in Drinking) at the Suwon District Court’s Pyeongtaek District Court on December 16, 201, a fine of KRW 7 million on January 22, 2014, and a fine of KRW 6 million on November 24, 2014 to a charge of the same crime, etc. at the Suwon District Court’s Sejong District Court’s House site source.

[Criminal facts] On March 3, 2017, the Defendant driven B art X-G vehicles under the influence of alcohol with approximately 14k alcohol concentration 0.051% from the 14km section from the front and front roads to Pyeongtaek-si 2-3 roads, which are located in Asan City on March 3, 2017.

On May 4, 2017, the Defendant driven a vehicle from around 11:30 of Pyeongtaek-si to around 195, on the road from around 11:30 of Pyeongtaek-si to about 1km-ro 195, with the vehicle driver’s license without obtaining the vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Three copies of a written reply, such as notification of the results of regulating drinking driving, criminal history, and summary order;

1. Application of Acts and subordinate statutes to a vehicle operation statement and a vehicle driver's license ledger;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

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. Consideration of protection and observation, and the fact that there has been three-time punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, drinking value is not high, there is no criminal offense exceeding a fine, the fact that there is a family member to support the crime, etc.;

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