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(영문) 수원지방법원 2020.11.26 2020고단5612
도로교통법위반(음주운전)등
Text

A 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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was under the influence of alcohol on May 14, 2020, while driving a motor vehicle.

(2020 Highest 6806). 【Criminal facts】

1. Around 12:05 on July 29, 2020, the Defendant driven a C-cub vehicle under the influence of alcohol by 0.145% in the section of about 1km from the front of the residence located in Suwon-si, Suwon-si, via the high-powered one, to the same place.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time and at the same place without a driver’s license.

around 16:30 on May 14, 2020, the Defendant, “200 Highest 6806”, driven a C Eccoo vehicle under the influence of alcohol of not less than 0.03% of blood alcohol content at the section of approximately 3km from the above luminous house to the above Defendant’s house.

Summary of Evidence

"200 Highest 5612"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions as indicated in the judgment: Criminal history records, probationary reports (A), investigation reports (verification of the same record as a suspect), - meeting of the summary agreement on a case, court rulings, personal confinement status, and records of confirmation prior to disposition and results of confirmation;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting of internal accidents on the circumstantial statement of a drinking driver, investigation reports, and notification of the results of the control of drinking driving;

1. Relevant provisions of Article 148-2 (3) 3, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on May 14, 2020), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on July 29, 2020), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Trade name;

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