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(영문) 수원지방법원 평택지원 2017.11.08 2017고단1581
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 13, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at a housing site site located in the Suwon District Court, which was issued on July 18, 2017, to a person for whom the summary order was requested to the same court as the same crime on July 18, 2017, and violated Article 44(1) of the Road Traffic Act twice.

On August 6, 2017, the Defendant driven a B 3 truck while under the influence of alcohol leveling 0.110% in a section of about 25 meters from the Do in front of the sulphical sulphy in Eup among Pyeongtaek-si around 04:10, the Defendant driven the B 3 truck while under the influence of alcohol leveling 0.110% from the Do in front of the sulous sulphy in Eup.

2. On September 2, 2017, the Defendant was driving a C-Vehicle without obtaining a driver’s license from the front of the construction site of the construction site of Pyeongtaek-si in the Eup-gu Construction site to the front road of the building in the Dong-ri Agricultural and Fishing Villages located in Pyeongtaek-si among the roads located in Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, report on the circumstances of driving without licenses, and the register of driver's licenses;

1. Inquiry into criminal history, report on investigation (verification of the same attached records), summary order, application of Acts and subordinate statutes in indictment;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is relatively high in alcohol concentration among the blood of this case, and the crime of driving without a license of this case is a crime committed during the trial on the crime of driving under the influence of alcohol of this case, etc. disadvantageously, such as the fact that it is a crime committed during the trial on the crime of driving under the influence of alcohol of this case, and the record of punishment due to drinking and driving without a license of this case

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