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(영문) 수원지방법원 2020.11.20 2020고단4944

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

[criminal power] On May 16, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving) and on January 13, 2017, a summary order of KRW 4,00,000 due to a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s site.

【Criminal Facts】

On July 4, 2020, at around 18:34, the Defendant driven a Dpoter 2 truck without a driver's license, while under the influence of alcohol leveling 0.082% from the 6km section from the front of the road in front of the Dapo-dong path path path street to the front of the C Contracting State in the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the situation of driving without obtaining a license, report on the circumstantial statement of the driver without a license, investigation report (report on the circumstances of the driver with a license), and report on the results of

1. Registers of driver's licenses;

1. An accident site photograph;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports-applicable Acts and subordinate statutes attached to the same force judgment against a suspect;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

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

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

1. The Defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, including the previous conviction in the judgment, and the fact that there is no motive or circumstance to consider the instant crime committed is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment exceeding the fine is favorable to the defendant.

In addition, records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc.