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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1492
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on March 16, 2009, a fine of one million won for the same crime in the same court on May 4, 2009, and a fine of five million won for the same crime in the Suwon District Court on December 12, 2014, respectively.

On September 5, 2015, the Defendant driven a BM7 car under the influence of alcohol content of 0.09% while under the influence of alcohol content of 0.09% without obtaining a driver's license from the front side of the gallongal road located in the public road of an Eup/Myeon in Ansan-si, an Eup/Myeon on the same day from the front side of the gallongal road to the front side of the agricultural mountain.

As a result, the Defendant, who has driven two or more times under the influence of alcohol, once again driven a motor vehicle while under the influence of alcohol, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;

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