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(영문) 수원지방법원 여주지원 2020.06.26 2019고단977

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 31, 2016. On November 30, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court on November 30, 2017. On July 9, 2019, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (unauthorized Driving). The judgment became final and conclusive on July 17, 2019.

[2019 Highest 977] On September 17, 2019, the Defendant driven a C-wing truck under the influence of alcohol concentration of 0.061% without obtaining a driver’s license on the front road of Gyeonggi Pung-gun B at approximately 80 meters in a section of approximately 80 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

[208:57 on May 22, 2020, the Defendant driven a Fcar without a vehicle driver's license at a section of approximately 300 meters from D in front to E on the front road at Yangyang-si, Namyang-si.

Summary of Evidence

1. The defendant's legal statement [2019 Highest 977];

1. A report on detection of a host driver;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses for motor vehicles, such as investigation reports (same-class power) [20 high-class 677] (20 high-class 677), reports on

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

1. Aggravation of concurrent crimes under Articles 40 and 50 of the Criminal Act, the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the point of time and reflection of the reasons for sentencing; and (b) the support relationship, etc. shall be considered as favorable circumstances

However, the following facts are considered: (a) the fact that a person was re-certified during the period of suspension of execution due to a non-licensed driving; (b) the fact that the person was subject to a non-licensed driving again during the period of suspension of execution; and (c) the fact that there was a history of punishment

This is the defendant's age, character and behavior.