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(영문) 수원지방법원 평택지원 2016.06.09 2016고단589
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 2, 2009, the Defendant issued a summary order of KRW 3 million as a fine for the same crime on the grounds of a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on March 2, 2009, and KRW 7 million as a fine in the same court on October 1, 2015.

Although the Defendant, as seen above, had had had a power of driving under the influence of alcohol two times, he again driven a B straw-free car under the influence of alcohol leveling 0.062% without obtaining a driver’s license on the section of approximately 1 kilometer from the road front of the Sejong-si Scam Scam Scam to the road front of the same Si-Dong-dong Scam Scam Scam in the same city.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol on more than two occasions without obtaining a driver’s license.

Summary of Evidence

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;

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