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(영문) 수원지방법원 여주지원 2019.08.09 2019고단584

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 30, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4,50,000 as a fine in the same court on December 19, 2014, respectively.

On June 23, 2019, at around 08:34, the Defendant driven an E-high-speed car without obtaining a driver's license in the state of alcohol concentration of approximately 500 meters from the 08:17% under the influence of alcohol level from the 08:34 E-si B apartment road to the front road in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes, such as criminal records;

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

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

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

1. It shall be considered unfavorable circumstances to the effect that the suspended sentence was imposed twice due to the same kind of crime as the reasons for sentencing under Article 62(1) of the Criminal Act. However, it shall be considered that there was no punishment exceeding the fine, and that there was no punishment exceeding the fine, and that it would have led to the result of the instant case, even if the waters were carried out after drinking after the previous day.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.