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(영문) 수원지방법원 여주지원 2016.08.03 2016고단307
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

The Defendant, on November 8, 2013, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) at a leisure village support by the Suwon Friwon, and on March 14, 2016, filed a petition for a summary order of KRW 1,50,000 with the same court for a fine of KRW 1,50,00,000, and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On April 5, 2016, the Defendant was under the influence of alcohol content of 0.104% during blood transfusion at around 21:20, the Defendant driven a B Trate car at the section of approximately 200 meters from the front day of the Kacheon-si Dog-si Dog-ro to the front day of the Kacheon-si Dog-ro 113, the B Trate car at the section of approximately 200 meters.

around 11:20 on June 18, 2016, the Defendant driven the C Launa car from approximately 1km to the front road of the advanced feed located in the Dog-ri, Gyeongcheon-si, Gyeonggi-do, without a driver's license, in the area of approximately 1km to the front road of the Myeong-ri, which is located in the early Myeong-ri in the same city.

Summary of Evidence

"2016 Highest 307"

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the same force as the suspect), "2016 Highest 611;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 criminal liability of the Defendant, who has been subject to two times punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is not weak, for instance, even though he/she was under trial due to the crime of drinking alcohol driving.

(b).

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