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(영문) 수원지방법원 안산지원 2021.01.11 2020고단3844
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2019, the Defendant received a summary order of a fine of up to three million won as a crime of violating road traffic law (drinking driving) in the support for the development of a water source method source.

On September 3, 2020, the Defendant driven a D-do motor vehicle under the influence of alcohol concentration of about 0.057% in blood without obtaining a driver’s license from around B to C in the direction of C in the city of Silung-si, Seoul at around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. License register;

1. A report on investigation;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, (A) and statutes governing summary orders;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant’s criminal records; (c) the degree of alcohol level during blood transfusion; (d) driving distance; and (e) the time interval between the instant drinking driving and the instant drinking driving; and (e) the sentencing conditions specified in the records and arguments, including the time interval between the instant drinking driving and the instant drinking driving. The sentence

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