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(영문) 수원지방법원 안산지원 2020.07.24 2020고단909
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Incheon District Court's Busan District Court's Branch.

On February 15, 2020, around 06:42, the Defendant driven C truck with approximately 1 km from the 2 public parking lot to the roads in front of the Silung-si, 528-3, the Silung-dong, the Silung-si, the Defendant, without the driver’s license, driven C truck with a alcohol level of about 0.098% under the influence of alcohol level.

Accordingly, the Defendant, while driving without a license, violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the situation of a driver with a driving without a license, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and the

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 Concurrent Crimes;

1. Selection of alternative imprisonment with labor (in the same case, three times the same type of imprisonment, and the last re-offending within a short period from the time the punishment is imposed) Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation, Article 62(1) of the Criminal Act for suspended execution of sentence (in the case of two cases among large amounts of imprisonment, it shall be considered that 15 or more years have elapsed and that there is no penalty power exceeding fines) community service or order to attend lecture, etc.;

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