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(영문) 수원지방법원안산지원 2020.10.15 2020고단2687
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On December 29, 2016, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On May 4, 2017, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

Although the Defendant violated the provision prohibiting driving under the influence of alcohol, on June 7, 2020, at around 00:38, the Defendant driven a DNA car under the influence of alcohol level of 0.22% while without obtaining a driving license from around 2.3km from the front road of Ansan-si, Ansan-si to the front road of the same Gu C.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiry into records of crimes and investigation experience of foreigners, and application of Acts and subordinate statutes of a report on investigation (Attachment to a summary order of the same kind of

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning 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 sentence as ordered shall be determined by taking into account various factors of sentencing, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., taking into account the risks inherent in the driving of drinking and non-licensed driving for the reason of sentencing under Article 62-2 (1) of the Criminal Act, the blood alcohol density, driving distance, and the same kind

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