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(영문) 수원지방법원 여주지원 2020.04.03 2020고단314

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 March 26, 2010, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 5 million for the same crime in the same court on December 10, 2018.

On February 16, 2020, at around 23:49, the Defendant driven a car with F Stimul at a distance of about 2 km from the front of the C funeral hall located in Gyeonggi-si B without obtaining a driver's license, to E in the same Do, and to the front road, while under the influence of alcohol with 0.107% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report, etc. on the state of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Inquiry reports, such as criminal records, and application of summary order statutes;

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

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

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

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

1. The same criminal records as the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend shall be considered in consideration of the unfavorable circumstances, but the fact that the time is human and reflects, and that the new crime is not re-offending, etc. shall be considered in favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.