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(영문) 수원지방법원 안산지원 2020.05.14 2020고단436
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant, at the Changwon District Court, sentenced to the suspension of the execution of six months for the crimes of violation of the Road Traffic Act, and was sentenced to a fine of four million won for the same crime at the Gwangju District Court on April 26, 2012. On February 26, 2010, the Defendant received a summary order of KRW 1.5 million for the same crime at the same court on February 26, 2010, and received a summary order of KRW 1.5 million for the same crime at the Suwon District Court on April 6, 2007.

At around 22:50 on January 21, 2020, the Defendant driven an E Car with a distance of about 30 meters from C front to D apartment in Silung-si, Silung-si, in the state of under the influence of alcohol of 0.113 percent of blood alcohol concentration.

around 13:00 on March 23, 2020, the Defendant driven an E Car without obtaining a driver's license on the section of about 5 km from the front to the front road of G apartment in the same city, from the front to the front road of G apartment in the same city, from the front road of the city in the Si of Si to the front road of the same city in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, printing out as a result of the measurement of drinking, photographs of the control site, and the register of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act is subject to a fine of KRW 1.5 million (1.5 million (1.5 million) around February 2010 due to the second under the influence of alcohol, the second under the influence of alcohol is subject to a fine of KRW 1.5 million (4 million) around April 2012 due to the third under the influence of alcohol, and the fourth under the influence of alcohol.

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