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(영문) 수원지방법원 안양지원 2020.02.11 2019고단2289
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 19, 2019, the Defendant filed a claim for a summary order of a fine of 6 million won for the crime of violating the Road Traffic Act (driving) with the Suwon District Court.

【Criminal Facts】

On October 31, 2019, at around 23:30, the Defendant driven a C golf 2.0 vehicle with a blood alcohol concentration of about 0.071%, without a driver’s license, and violated the duty of prohibition of driving under the influence of alcohol not less than twice at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (cases in the current trials of a suspect);

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has the same record as the defendant, and other various conditions of sentencing, such as the age, character and conduct, environment, circumstances of the crime, circumstances before and after the crime, etc., shall be determined as the orders

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