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(영문) 수원지방법원 평택지원 2020.01.16 2019고단1529

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2019, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million for the violation of the Road Traffic Act (driving).

On October 1, 2019, at around 11:10, the Defendant driven a D motorcycle without obtaining a motorcycle driver's license with a blood alcohol concentration of about 0.114% in the section of about 500 meters from around 11:10 on the front of Pyeongtaek-si B, up to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

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

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

1. The execution of imprisonment with prison labor shall be suspended in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 (1) of the Criminal Act repents his mistake, and that only the defendant has the criminal records of fines twice, etc., but incidental disposition shall be imposed to prevent the second offense;