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(영문) 수원지방법원 평택지원 2015.04.02 2015고단47
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

【Criminal Power】 On March 26, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on March 26, 2013, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (free license) at the Incheon District Court on May 15, 2013. On July 21, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (free license).

【Criminal Facts】 Around December 25, 2014, while under the influence of alcohol content of 0.078% without a motor vehicle driver’s license, the Defendant driven a vehicle with approximately 100-meter radius from the road in Pyeongtaek-si-dong (hereinafter referred to as Pyeongtaek-si-dong) to the front of Pyeongtaek-si 119 Safety Center.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol and report on the circumstances of driving under the license;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, 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. Probation and community service order under Article 62-2 of the Criminal Act;

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