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(영문) 수원지방법원 2019.09.27 2019고단3654
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 3, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on December 3, 2012, and a summary order of KRW 2 million for the same crime from Suwon District Court on December 6, 2017, respectively. On May 29, 2018, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On June 12, 2019, the Defendant, without obtaining a driver's license at around 21:47, driven a motor vehicle with Dentsing in the section of about 1 km from the front of the road located in the G in the G in the Ginsung City with a 0.125% alcohol concentration, to the front of the 322 management road and the front of the 1km road.

Accordingly, the defendant was a person who violated the prohibition of drunk driving more than twice, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the situation of driving without a license;

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: Criminal records, inquiry reports, two copies of summary order, application of one copy of judgment, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The crime of this case on the grounds of sentencing selected as imprisonment with prison labor has the history of driving under the influence of alcohol not less than twice, and on December 12, 2017, the crime of this case was committed by the Defendant, whose driver’s license was revoked on December 12, 2017, and the quality of the crime is not minor, but the blood alcohol concentration level due to drinking in this case is lower.

The defendant has been sentenced to a fine on three occasions due to drinking driving, etc., and on May 29, 2018, the defendant has been sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Suwon District Court.

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