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(영문) 수원지방법원 평택지원 2016.02.18 2015고단1868
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

On April 21, 2015, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court as a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 3 million as a fine for the same crime in the same court on May 27, 2015, respectively.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on November 20, 2015, the Defendant driven a e-car under the influence of alcohol content of 0.155% while under the influence of alcohol without obtaining a driver’s license from a road near the National Bank in the Gyeonggi-si, Gyeonggi-do, to approximately 500 meters in the center of 3rd 88-lane in the same city at the same time.

As a result, the Defendant, who had driven a motor vehicle twice or more times, once again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;

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