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(영문) 수원지방법원 안산지원 2019.10.17 2019고단2532

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch's branch on December 12, 2018 and a fine of four million won for a violation of the Road Traffic Act (driving) at least twice in violation of Article 44 (1) of the Road Traffic Act. However, on June 21, 2019, the Defendant operated a motor vehicle at the 5 km section of the Dadong parking lot from the Gyeonggi-si G apartment to the 404 U.S. Simsan-si from the Gyeonggi Si's Gyeonggi-si, 2019 to the 404 U.S. Simsan-si, without a vehicle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of driver's standing, the report on the state of driver's standing, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect driving records) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and order to attend a probation and order to attend a lecture twice the punishment of a fine due to the crime of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, which has been re-offending for a long time, and therefore, the fine alone seems to be insufficient to prevent the risk of re-offending, such as the fact that the defendant reflects the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime