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(영문) 수원지방법원 여주지원 2016.07.20 2016고단411
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2] On October 5, 2004, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the inn of the Sugwon Friju, and on April 4, 2013, the Defendant issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (dacting driving), and on June 10, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence, and on November 9, 2015, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) at the Chuncheon District Court on April 4, 2013.

[2] On March 26, 2016, the Defendant driven B rocketing car with alcohol content of 0.095% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 1k to before the entrance of the Mar. 26, 2016, the Namyang Eup, Namyang-gu, Namyang-do (Seoul) to the front road of the same Matern petitioner.

Therefore, although the Defendant violated the prohibition of drinking driving at least twice, the Defendant again violated the prohibition of drinking driving, and at the same time driven a motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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