(영문) 수원지방법원성남지원 2020.08.11 2019고단2434 (1)



A defendant shall be punished by imprisonment for one year.


Punishment of the crime

[criminal power] On May 21, 2012, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on May 21, 2012. On February 1, 2013, the Defendant had the record of having been sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Road Traffic Act.

【Criminal Facts】

On July 27, 2019, the Defendant, without obtaining a driver’s license on July 12:13, 2019, driven BM vehicle from the Chang-dong in Sungnam-si to the front of the same creative erops on the roads where 0.169% of the blood alcohol concentration was drunk.

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

Summary of Evidence

1. Notification of the results of the control of drunk driving (nine pages of investigation records), report on the circumstantial statement of a drunk driver (10-12 pages of investigation records), and the register of driver's licenses;

1. Each report on internal investigation:

1. Previous convictions of judgment: Criminal history records, reply reports, court rulings, and application of Acts and subordinate statutes of summary order (A);

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

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

1. Selection of imprisonment with prison labor chosen;

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