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(영문) 수원지방법원 여주지원 2016.07.13 2016고단429
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving of Drinking) on November 17, 2015 with respect to the support of the Friwon Friwon Friju on November 17, 2015, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving of Drinking) on April 14, 2016.

[2] On April 12, 2016, around 22:47, the Defendant driven a B K7 car under the influence of alcohol leveling 0.088% in alcohol while under the influence of alcohol leveling from approximately 6.9km to about 6.9km in the section of approximately 6.9km from the front of the 169 Easym-ro 29 to the front of the real estate in front of the 69km real estate.

Therefore, even though the Defendant violated the prohibition of drinking driving at least twice, the Defendant violated the prohibition of drinking driving again, and at the same time driven without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);

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

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 suspended execution;

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

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