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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1529
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 24, 2012, the Defendant received a summary order of KRW 1 million from the Suwon District Court on the ground of the violation of the Road Traffic Act, and on January 2, 2015, the same court issued a summary order of KRW 5 million as a fine for the violation of the Road Traffic Act.

【Criminal Facts】

On July 22, 2016, at around 23:59, the Defendant driven a eFst or other car without obtaining a driver’s license in the state of alcohol concentration of approximately 1k from the section of approximately 1km to the front of the public sports site located in the Franchisium of the same city from the front of the e-mail restaurant located in the e-mail city of Ansan-si to the front of the public sports site located in the same city of Geumyang-si.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol not less than twice, and driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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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