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(영문) 수원지방법원 2020.04.02 2019고단8221
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

【Criminal Power】 On August 22, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 1,50,000 as a fine in the same court on November 22, 2017.

【Criminal Facts of Crimes】 On November 12, 2019, the Defendant driven a Chand motor vehicle with a blood alcohol concentration of about 0.060% from the front of the Pacific Office, which was located on the 14k-ro, Suwon-si, Suwon-si, Suwon-si, to the front of Suwon-si, Suwon-si, without obtaining a driver’s license on November 22:14, 2019.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of drinking measurement and the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous records of 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, 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. Article 62 (1) of the Criminal Act;

1. The Defendant was punished by a fine for a drunk driving in 2005, 2008, and 2017, and the driver’s license was revoked on December 4, 2017.

Nevertheless, there is a need to impose severe punishment in that he/she was engaged in driving under the influence of alcohol in another state without a license, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the defendant was also engaged in driving under the influence of alcohol in the media, etc., even though he/she could easily have access to such circumstances.

In addition, the Defendant is driving without permission in 2018 after the driver's license was revoked as above.

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