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(영문) 수원지방법원 평택지원 2017.01.19 2016고단2573
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 16, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court on September 16, 2008, as well as a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court on August 26, 2016.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B rocketing car in the section of about 3 km without obtaining a driver’s license from the front day of Pyeongtaek-si Sck-ro in the same city-ro flick flet on November 4, 2016 under the influence of alcohol content 00:00 to 0.131% under the influence of alcohol during the influence of alcohol during the influence of around 00:0 on November 4, 2016.

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 convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of 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. 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. 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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