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(영문) 수원지방법원 안산지원 2021.02.23 2020고단3753
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2020, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method.

On September 7, 2020, the Defendant driven D rocketing vehicles without obtaining a driver's license from the vicinity of the members of Ansan-si to the vicinity of the same Gu, under the influence of alcohol level of 0.142% among the blood transfusion around 23:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on driving of alcohol, the ledger of driver's license, additional photographs of suspects' drinking, and investigation report (the above dmark);

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same type, attachment of a summary order) and application of a copy of the summary order under one Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the Defendant’s previous conviction and the time and interval from the Defendant, the drinking level and the background of driving and detection at the time of the instant case, the driving distance of drinking, the therapy, etc., are not good, and the Defendant’s age, sex, family relationship, occupation, and the conditions of all the sentencing shown in the pleadings of the instant case, including the circumstances after the instant crime, shall be comprehensively determined as ordered.

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