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(영문) 수원지방법원 평택지원 2016.08.25 2016고단848
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 September 15, 2014, the Defendant issued a summary order of KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00,000,00,00,00,00,

Although the Defendant had had a power of driving under the influence of alcohol more than twice as above, the Defendant again driven a C-Korean car in the state of under the influence of alcohol content 0.075% from the front day of Pyeongtaek-dong, Pyeongtaek-dong, Seogdong, to the front road of the Dong-dong Women's Center at the same time, on March 6, 2016.

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.

The defendant of "2016 Highest 1497" is a person who was sentenced to a fine of 1.5 million won on September 15, 2014 to a violation of the Road Traffic Act (drinking) at the source of a water source method on September 15, 2014, and is subject to a summary order of 5 million won on November 30, 2015 with the same offense, etc. at the same court.

On December 14, 2015, at around 00:35, the Defendant driven a cruise car in the state of alcohol concentration of about 0.082% from the 4km section, from the front of the restaurant of the 'Yannam' to the front of the 594 Maol-dong, Osan-si, Yansan-si, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a response, such as a statement on the circumstances of each driver placed in driving, notification of the results of regulating driving of each drinking, ledger of driver's license, and criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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