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(영문) 수원지방법원 평택지원 2016.12.15 2016고단1081
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

On April 15, 2008, the Defendant was sentenced to a suspended sentence of five months for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and was sentenced to a summary order of three million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on October 22, 2010.

Although the Defendant, as above, had had a history of driving under the influence of alcohol twice again, the Defendant, at around 01:20 on April 10, 201, driven a B tea in the state of under the influence of alcohol content 0.068% without obtaining a driving license from around 1 kilometer to around 3756 in the same Seo-dong as in the same Seo-dong.

Accordingly, the Defendant, without obtaining a driver's license, driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of driving without a license;

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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