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(영문) 수원지방법원 여주지원 2017.02.13 2016고단1315
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 21, 2014, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (driving alcohol), etc. on the part of the Friwon Friwon, and on May 2, 201, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law (driving alcohol) in the Friwon Friju support on May 2, 201, and the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law, and all of the same drinking records are four times.

[2] Although the Defendant had a record of driving a motor vehicle under the influence of alcohol at least twice, the Defendant driven a B X-ray motor vehicle with approximately 250 meters alcohol concentration at around 0.143% while under the influence of alcohol without obtaining a driver’s license from the front side of the Republic of Korea, which is located in a multi-faced door of the Gyeonggi Pyeong-gun, in around 06:28 on October 24, 2016, to the front side of the official church located in the same Ri, without driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (Article 62 (1) of the Criminal Act on the grounds that there exists no record of punishment heavier than a fine for the same kind of crime);

1. The community service order under Article 62-2 of the Criminal Act;

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