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(영문) 수원지방법원여주지원 2020.12.15 2020고단626
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than 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 August 24, 201, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court on the violation of the Road Traffic Act (driving). On August 23, 2017, the Defendant was issued a summary order of KRW 3 million as a violation of the Road Traffic Act (driving) at the inn branch of the Suwon District Court on August 23, 201. On March 31, 2020, the Defendant was sentenced to a fine of KRW 10 million as a violation of the Road Traffic Act (driving) from the inn branch of the Suwon District Court on March 31, 2020.

【Criminal Facts】

around 00:30 on April 26, 2020, the Defendant driven a vehicle with F K 3 vehicle without obtaining a driver’s license in the direction of about 0.098% of alcohol alcohol level from the Do in front of the restaurant located in B in the same city to the Emp in front of the road located in D in the same city.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven without obtaining a driver's license.

On September 29, 2020, the Defendant driven a FK3 car from the 10km section to the 73km road near the Dong-dong Incheon Highway located in the same city without obtaining a driver's license on September 14, 2020.

Summary of Evidence

"200 Highest 626"

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report (report on the situation of a drinking driver), the on-site photographs of the driver’s license register of a motor vehicle following the control of drinking driving, theCCTV for crime prevention, and the CCTV images for crime prevention;

1. Previous convictions: Criminal history records, inquiry report by the Supreme Court, case search by the Supreme Court B, court rulings, and summary order “20 high-end 1232”;

1. The defendant's legal statement driver's license register;

1. Application of Acts and subordinate statutes on drivers' licenses and photographs;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

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

1. Imprisonment with prison labor chosen;

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