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(영문) 수원지방법원 평택지원 2015.08.27 2015고단919
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 1, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court on the site of Pyeongtaek-gu as a crime of violation of the Road Traffic Act, and on December 12, 2013, in addition to receiving a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the Suwon District Court on December 12, 201, the criminal records subject to punishment for violation of the Road Traffic Act (driving) are more than once.

【Criminal Facts】

Although the Defendant had had a history of driving under the influence of alcohol twice again, on May 6, 2015, at around 22:45, the Defendant driven B K5 cars without obtaining a driver’s license from the front of the Sshsaw road located in Pyeongtaek-gu, Pyeongtaek-do, Gyeonggi-do, to the front road of the dominton Park located in the same Ri, and without obtaining a driver’s license from around 200 meters in a distance of about 00 meters, while under the influence of alcohol content 0.214%.

Accordingly, the Defendant, without obtaining a driver's license, driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report and circumstantial report on detection of a host driver;

1. Records of judgment: Application of Acts and subordinate statutes concerning criminal records;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;

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