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(영문) 수원지방법원 여주지원 2020.04.20 2019고단1334
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 3, 2009, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Western District Court on July 3, 2017. On June 17, 2019, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the leisure branch of the Suwon District Court on July 3, 2017. On June 25, 2019, the judgment became final and conclusive on June 25, 2019.

On October 13, 2019, at around 22:19, the Defendant driven a E-high-speed car under the influence of alcohol concentration of 0.09% without obtaining a driving license from the Do in front of the “C” in Ischeon-si B to the front of D in Ischeon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on investigation;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the status of a drinking driver), report on the status of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. On-site photographs and reports (verification of the first-class photograph of the measure);

1. Blue video images of a witness vehicle;

1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and report on results of confirmation - Application of Acts and subordinate statutes attached to judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, even though he/she had the record of driving under the influence of alcohol three times, once again drives under the influence of alcohol; and (b) even if he/she had been sentenced to a suspended sentence of imprisonment after driving under the influence of alcohol in 2019, he/she again

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