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(영문) 수원지방법원 평택지원 2015.12.17 2015고단1503
도로교통법위반(음주운전)등
Text

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

On December 3, 2007, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) in the same court on July 10, 2008, a fine of five million won for the same crime in the same court on July 10, 2008, and a fine of four million won for the same crime in the same court on May 14, 2015.

On September 4, 2015, at around 23:03, the Defendant driven BM7 vehicles under the influence of alcohol content of 0.186% without obtaining a driver’s license from a section of approximately 500 meters in front of the French house in front of the central government of the same Ri, which is in the fluent Domini-si of Ansung, to the roads in front of the central government of the same Ri.

As a result, the defendant, who has driven a motor vehicle twice or more, once again, drives a motor vehicle while under the influence of alcohol, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of a motor vehicle;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

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. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;

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