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(영문) 수원지방법원 성남지원 2020.07.22 2020고단546
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On August 20, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Incheon District Court, and KRW 4 million as a fine at the Seoul Western District Court on August 31, 2018.

【Criminal Facts of Crimes】 On November 20, 2019, the Defendant driven Cststren vehicle at approximately 1.5 km from the road near the parking lot in Sungnam-si to the 1.5 km of the same Gu under the influence of alcohol content of 0.051% without obtaining a driver’s license on November 20, 2019.

As a result, the defendant violated the prohibition of drunk driving regulations and drives a car without obtaining a driver's license in the state of drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the suspect's reasons of distinguishing the state of his driving), report on the state of his driving without permission, report on the state of his driving without permission, and inquiry into the results of the control of his driving without permission;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts, Articles 40 and 50 of the same Act concerning the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused in the following circumstances):

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant once again ever had the record of being sentenced three times or more due to drunk driving, and the drinking and unlicensed driving of the instant case, considering the blood alcohol concentration, driving distance, driving place and driving circumstances of the instant case, but the defendant shows an attitude to reflect wrongness, the defendant has no criminal record exceeding the fine, and the defendant's age, character, behavior, career, environment, and economic situation.

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