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(영문) 수원지방법원 2020.08.14 2019고단7109
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and three 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

According to the evidence of 0.125% of blood alcohol level without obtaining a driver’s license from the section of about 3km from the roads near the Young-gu Office in the Young-si, Suwon-si to the front road in the Suwon-si, Suwon-si, on June 4, 2019, the Defendant of the 2019 Highly 7109 (hereinafter referred to as the “2019 Highly 7109”), it is obvious that 0.152% of blood alcohol level stated in the facts charged is 0.125% of the

C k7 driver's license was driven while under the influence of alcohol.

around 02:20 on January 14, 2020, the Defendant driven CK7 vehicle without obtaining a driver’s license from the front of the D-gu, Suwon-si, Suwon-si, to the front of the 175 dry field located in the 175 Sodd field located in the Gugwon-si, Suwon-si, Suwon-si, to the front of the 175 dry field shooting distance.

Summary of Evidence

"2019 Highest 7109"

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the results of measurement, and the investigation report (applicable to the Ba mark);

1. Registers of driver's licenses;

1. On-site photographs "20 Godan1712";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the relevant Act concerning the crime (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 Commercial Concurrent Crimes Act;

1. Selection of penalty: Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on probation;

1. Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, was sentenced to a fine of KRW 13 million on April 24, 2019, and again committed the instant crime within a short period of time after committing a crime of KRW 13 million. Defendant again committed the instant crime within a short period of time after being exposed, and Defendant again committed the instant crime of KRW 2019 high group1712. In light of such circumstances, it is unfavorable to Defendant that Defendant’s mistake is not deemed to be contrary to his/her own fault.

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