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(영문) 수원지방법원 안산지원 2020.05.14 2019고단781

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 13:05 on February 10, 2019, the Defendant driven an ES5 vehicle without obtaining a driver's license in the 1km section of approximately 0.053% alcohol concentration from the 1km section from the 1km section of Ansan-si to the front road of D elementary school located in Ansan-si, Ansan-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of driving without a license, and the driver’s license ledger;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, and application of statutes governing field photographs;

1. Article 148-2 (2) 3, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) applicable to the facts of the crime, Article 148-2 (2) 3, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); Article 15

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the fact that the defendant was punished once due to drunk driving, and the degree of blood alcohol concentration, driving distance, and the time interval between the crime of drunk driving and the crime of drunk driving in this case, and the sentencing conditions specified in the records and arguments of this case shall be comprehensively taken into account; and