beta
(영문) 수원지방법원평택지원 2020.08.21 2020고단243

도로교통법위반(음주운전)등

Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 6, 2014, Defendant A received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court, and seven million won as a fine in the same court on October 7, 2019, respectively.

【Criminal Facts】

1. On January 11, 2020, at around 22:44, Defendant A, even having been under the influence of alcohol driving, driven an E-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

2. Defendant B knew at the date and time, at the place specified in the above Paragraph 1, that the above A was under the influence of alcohol and did not obtain a driver’s license, but the above A is a defective motor vehicle that he was to drive the E-Wnd-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn,

As a result, the defendant made it easy for A to drive a vehicle without obtaining a driver's license under the influence of alcohol, thereby aiding and abetting A's violation of the Road Traffic Act and violation of the Road Traffic Act.

Summary of Evidence

1. The defendants' statements in their respective legal statements, the circumstantial statements of the driver, and the circumstantial statements of the driver on the duty of the pilot on the duty of the pilot on the duty

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

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

1. Defendant A of the pertinent legal provision on criminal facts: Articles 148-2(1), 44(1) (the fact of violating the provision prohibiting the driving of sound signals at least twice), 152 Subparag. 1, and 43 (the fact of driving without a license) of the Road Traffic Act: Articles 148-2(3)2 and 44(1) of the Road Traffic Act, Article 32 of the Criminal Act, Article 152 Subparag. 1, 43 of the Road Traffic Act, and Article 152 of the Road Traffic Act.