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(영문) 수원지방법원 2019.06.05 2019고단1051
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 October 10, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on April 24, 2019, issued a summary order of KRW 4 million for the same crime at the Suwon District Court.

On February 24, 2019, at around 02:32, the Defendant driven B-learning car under the influence of alcohol content of about 100 meters without a car driver’s license, from the front of the liquor house near the C-Song-si return Dong to the front of the village street.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation, on-site photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of the Act and subordinate statutes on criminal records, reply reports (A), investigation reports (at least twice the same records of the same kind), and copies of summary order issued by Suwon District Court 2019 High High Court Decision 2549;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The offense of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures, has a record of driving under drinking at least twice, and the Defendant, whose driver’s license was revoked on May 27, 2017, is deemed to have driven without a license or sound driving, and the quality of such offense is not minor

The blood alcohol concentration due to the instant drinking is high, and the Defendant, one month prior to the date of the instant crime, was driving without obtaining a license or driving without being able to obtain a license or driving without being able to obtain a license or driving without being able to obtain a license or driving without being able to obtain a license or driving without being able to obtain a license or driving without being able to obtain a license on February 21, 2019.

However, the defendant recognized the crime of this case and divided his mistake.

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