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(영문) 수원지방법원 평택지원 2016.11.03 2016고단1729
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 August 4, 2015, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daejeon District Court on August 4, 2015, and on August 12, 2016, the Defendant was issued a summary order of 2 million won by the Chungcheong District Court on August 12, 2016.

On August 17, 2016, the Defendant, who was punished twice or more due to drunk driving, driven a motor vehicle B-pick-pubed in the section of approximately 200 meters in front of the mutual infab infab infab infab and under the influence of 0.069 percent of blood alcohol level without obtaining a driver’s license, on August 17, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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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