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(영문) 수원지방법원 여주지원 2019.09.23 2019고단660

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 April 14, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the credit branch of the Suwon District Court on April 14, 2010, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the credit branch of the Suwon District Court on April 14, 2016. On May 23, 2018, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the credit branch of the Suwon District Court on May 23, 2018.

On July 2, 2019, at around 23:03, the Defendant driven the E-to-land without a motorcycle driver's license, while under the influence of alcohol concentration of 0.182% of 20m alcohol on the front of the D market building in Sju City, the front of the D market building in Sju City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and inquiry into the results of drinking driving control;

1. Statement of circumstances and investigation report;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Photographs at the time of report and detection of internal investigation;

1. License register, books, insurance inquiries;

1. Criminal records as stated: Application of criminal records-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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 under Article 62-2 of the Criminal Act on probation and order to attend a training course is that the Defendant once again driven a motor vehicle in the state of drinking without a license despite three times of drinking driving skills and one time of driving without a license. Since the blood alcohol concentration at the time was very high, the Defendant’s liability for the crime is not somewhat weak.

However, the vehicle driven by the defendant is a two-wheeled vehicle, and the risk of drinking is relatively low.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.