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(영문) 수원지방법원 안산지원 2016.03.30 2016고단327
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 23, 2011, the Defendant was sentenced to a suspended sentence of two years for August 23, 201 due to a violation of the Road Traffic Act by the Incheon District Court of Incheon, with a fine of two million won, and on June 22, 2012, a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, and on June 22, 2012, with a suspended sentence of two years.

[2] On August 19, 2013, around 08:45, the Defendant driven a Cice car under the influence of alcohol content of approximately 0.088% from the 50-meter section to the front road of the “Sirest Tourist” in the “Sirest Tourist,” located in Sirest City, Sirest City, 162-7, 162-5, the Defendant driven a Cice car under the influence of alcohol content of approximately 0.08%.

On August 22, 2015, the Defendant driven approximately 40 meters from around 48, to the 28th day of the same [2016 Highestest 375] as the upper day of the upper day of the [48] set-off of the [48] upper day of the [48] upper day of the [28] upper day of the [28] upper day of the [20 meters] car owned D and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only two criminal records of the same kind as indicated in the first head of the criminal facts in the judgment, but also the Defendant committed the instant drinking crime during the suspended execution period. Moreover, the Defendant refused to comply with the request of an investigative agency for attendance and escaped to the end of the suspended execution period.

Therefore, it is not necessary that the defendant should be sentenced to punishment.

(b).

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