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(영문) 수원지방법원 안산지원 2020.01.16 2019고단3862

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

[criminal power] On May 28, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court's District Court's jurisdiction on September 15, 2009. On October 16, 2013, the Defendant was sentenced to a summary order of KRW 50,000 to a fine of KRW 300,000 for the violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court's District Court's jurisdiction on April 9, 2018.

【Criminal Facts】

around 06:40 on October 13, 2019, the Defendant driven an E C200 K vehicle from around 400 meters from the front of the c convenience store located B in light of light to the front road in light of light, without obtaining a driver’s license, in a state of alcohol of 0.104%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drives the above vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the crackdown on drinking driving, and things taken for the measurement of drinking alcohol, and others;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and lecture attendance order is that the defendant recognized the crime and reflects the wrongness, the criminal records of the defendant, blood alcohol concentration level, and the numerical value of the defendant.