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(영문) 수원지방법원 평택지원 2016.06.17 2016고단438
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

On August 28, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on August 28, 2013, and a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on December 30, 2014, respectively.

Although the Defendant had had a power of driving under the influence of alcohol twice again, on March 16, 2016, at around 21:10, the Defendant driven a D-to-purd car without obtaining a driver’s license from the front side of the C cafeteria located in Pyeongtaek-si B of Gyeonggi-do to about 18 61,000 meters away from the Eup in the same city to the 61st road located in the Eup in the same city.

Accordingly, the Defendant, without obtaining a driver’s license, driven a motor vehicle at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Notification of the results of regulating drinking driving;

1. The motor vehicle driver's license ledger to the defendant;

1. Each photograph;

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

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 suspended execution;

1. It is so decided as per Disposition on the grounds that protection observation, community service, and lecture attendance order Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection (Judgment on sentencing guidelines) - the reasons for sentencing more than applicable crimes are not applicable crimes.

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