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(영문) 수원지방법원 안산지원 2020.07.22 2020고단1159

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 November 1, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on November 1, 2006, a fine of one million won for the same crime at the Cheongju District Court on November 19, 2007, a fine of five million won for the same crime at the Chuncheon District Court on September 6, 2013, and a fine of ten million won for the same crime at the Suwon District Court on April 14, 2017.

1. Around 22:10 on March 16, 2020, the Defendant driven a d-wing truck at a section of about 100 meters from the road near the Defendant’s dwelling place in luminous B to the near C/L at the luminous time while under the influence of alcohol by 0.12%.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the above cargo without obtaining a driver’s license at the time and place specified in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses of motor vehicles, report on circumstantial statements of model drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.