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(영문) 수원지방법원 평택지원 2019.05.09 2019고단207
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 4, 2010, the Defendant was issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000 won for the violation of the Road Traffic Act in the Daejeon District Court's Branch of the Seocheon District Court on August 29, 2018.

【Criminal Facts】

On February 3, 2019, at around 02:11, the Defendant driven an E-motor vehicle under the influence of alcohol with approximately 400 meters alcohol concentration 0.137% without obtaining a driver’s license from the road near the “Cnobyagle” located in Pyeongtaek-si B to Pyeongtaek-si D.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same criminal records as a suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no record of punishment exceeding the fine, and the fact that the crime of this case is led to confession, reflect, and not recommitting the crime, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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