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(영문) 수원지방법원 안산지원 2020.06.11 2020고단641

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of 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

1. On October 10, 2018, the Defendant received a summary order of KRW 2 million from the Incheon District Court as a crime of violating the Road Traffic Act.

Although the Defendant violated the provision prohibiting driving under the influence of alcohol, on December 25, 2019, at around 04:11, the Defendant driven a volume of approximately 2 km from e-mail B to 703 in front of the Civil Sports Center, a e-mail vehicle, with a e-mail rate of about 0.18% under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without a driver’s license from around 2018, while driving his/her driver’s license was revoked, at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in its judgment: Application of one copy of the summary order issued on October 2018, 2018 High Court and the Incheon District Court, as well as one copy of the summary order issued on October 10, 2018;

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of violation of the Regulations on Prohibition of Drinking Driving) and subparagraphs 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation of the Regulations on Prohibition of Drinking Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act - Punishment for a violation of the Road Traffic Act with heavier punishment;

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;

1. Taking into account the risks inherent in drinking driving under the reason of sentencing in Article 62-2 of the Criminal Act, the Defendant’s blood alcohol density, the Defendant’s blood alcohol level, the section of driving without a license, the previous conviction (in addition to the previous conviction on the market, there exists a previous conviction due to driving without a license in 2003 and 2005, and in 2007 and 2019, there is a previous conviction due to driving without a license in 2007 and 2019) and the details of the control (control by the police officer called out after receiving a report that he/she was diving in the vehicle in a sound state), and the circumstances after the crime are committed.