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(영문) 수원지방법원 평택지원 2017.07.13 2017고단398
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

"2017 Highest 398"

1. On January 2, 2017, the Defendant, while under the influence of alcohol of at least 0.062% during blood without obtaining a driver’s license on January 2, 2017, operated a vehicle with approximately 150 meters up to the road front of Pyeongtaek-si Do, Pyeongtaek-dong, Pyeong-dong, in front of a mutual influent restaurant located in Pyeongtaek-si Do, while under the influence of alcohol content of at least 0.062%.

2. On October 6, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Traffic Act on the Roads in Pyeongtaek-gu District Court on the grounds of the crime on February 22, 2017, and the Defendant was driving under drinking in violation of Article 44(1) of the Road Traffic Act on two or more occasions, such as driving under drinking as stated in the foregoing paragraph (1).

On February 22, 2017, under the influence of alcohol concentration of 0.107% in blood without obtaining a driver's license, the Defendant driven a B-Adidi vehicle with approximately 100 meters from the roads near Seo-si, Seo-dong, Seogdong, to the roads in the same city special zone of about 94, a 3-lane in the same city.

around 00:05 on March 30, 2017, the Defendant driven a motor vehicle B, without obtaining a driver’s license, at a section of about 500 meters from the vicinity of the Seo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong to the front road of the same Seo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. On-site survey report, on-site photographs, notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to an investigation report (a summary order attached to drinking driving force);

1. Article 148-2 subparag. 3 of the Road Traffic Act and Article 44 subparag. 1 (1) of the same Act concerning criminal facts; Article 148-2 subparag. 1 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the point of drinking on January 2, 2017); Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act (the point of drinking on February 22, 2017); Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license)

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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