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(영문) 수원지방법원 2020.04.02 2019고단7926

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and 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

1. On May 23, 2008, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) issued a summary order of KRW 1 million at the Suwon District Court as a crime of violation of the Road Traffic Act, and on December 24, 2009 at the same court on December 24, 2009, a fine of KRW 2.5 million was issued at the Suwon District Court and became final and conclusive around that time.

On November 7, 2019, at around 22:00, the Defendant driven an E rocketing car with a blood alcohol concentration of about 0.149% without obtaining a driver's license in a range of about 700 meters from the public parking lot near Suwon-si B, Suwon-si to D.

2. On November 7, 2019, the injured Defendant suffered injury, on the front side of the Suwon-si Falth of Suwon-si, on the part of the Defendant: (a) around 22:30 on November 22, 2019, when the Victim G (the age of 46) tried to report the fact that the Defendant was under the influence of alcohol to the police; (b) calculated the inside part of the Victim on one occasion by hand; and (c) granted the victim’s head, head, head, and arms by hand; and (d) caused the victim’s scelf, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. G statements;

1. The circumstantial statement of the employee;

1. Notification of the result of drinking driving control and the result of respiratory measurement;

1. The ledger of driver's licenses;

1. On-site photographs, video materials CDs;

1. A written diagnosis of injury;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase 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. The sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.