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(영문) 수원지방법원 2020.11.26 2020고단5536

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 13, 2006, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the same court on December 29, 2006.

Nevertheless, at around 23:16 on July 22, 2020, the Defendant driven a 1km-free car in front of the “C” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol with a blood alcohol concentration of 0.127%.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

around 19:20 on September 9, 2020, the Defendant driven a DNA car without obtaining a driver’s license from around 2.7 km section from the front to the front road of the Gyeonggi-gu, Young-gu, Gyeonggi-gu, Seoul Special Metropolitan City, in the case of Gyeonggi-do on September 9, 2020.

Summary of Evidence

[200 Highest 5536]

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to a summary order of the same kind of power), the Suwon District Court 2006 High Court Decision 29395, summary orders, Suwon District Court 2006 High Court Decision 2006 High Court Decision 39687, summary orders "20 High Court 7029";

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes of Part II to the suspect A license inquiry;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a majority for drinking and driving without a license in the past.

Nevertheless, the Defendant re-driving a motor vehicle, and the license was revoked due to the drinking driving.