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(영문) 수원지방법원 성남지원 2020.01.10 2019고단2322

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 October 1, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on May 7, 2019.

On August 30, 2019, at around 23:04, the Defendant, without a driver’s license, driven a Dbee or car from around 500 meters away from the front Do of the Gu B apartment to the front road of the same Gu while he was under the influence of alcohol by 0.107% of blood alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report, report on the situation of driving without obtaining a license, report on the situation of driving without obtaining a license, report on the circumstances of driving with a drinking driver, report on the circumstances of a drinking driver, and notification of the results of the crackdown on drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the defendant has been punished twice by a fine for the same kind of crime, while the defendant has no record of punishment other than the previous offense);

1. Order to attend lectures under Article 62-2 of the Criminal Act;