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(영문) 수원지방법원 2020.06.18 2020고단3127
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On September 20, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 20, 207; on January 28, 2008, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch Branch of Suwon District Court on January 28, 2008; on May 23, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the same court on May 23, 2013; and on August 13, 2019, the same court was sentenced to two years of imprisonment for the same crime and confirmed on August 21, 2019.

【Criminal Facts】

On February 15, 2020, at around 22:20, the Defendant recognized the identity of the facts charged, and deemed that there is no substantial disadvantage to the Defendant’s exercise of his right to defense, and partly revised the date and time of the crime.

From the C cafeteria parking lot located in Young-gu, Young-si to the D apartment E-dong, the Fransh car was driven in the state of 0.150% alcohol concentration without obtaining a driver's license from approximately 550 meters to the D apartment E-dong in Tae-si.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license register of an investigation report on the state of his/her state of drinking, a written confirmation of fact (G factual confirmation), a report on investigation, and a report on the results of the control of drinking driving;

1. Previous convictions in judgment: References to criminal records and investigation reports (attached to the same summary order and judgment of a suspect) shall be applied by 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 imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had been punished several times due to drunk driving and driving without a license, and the Defendant was not only in a state in which he had no license at the time of committing the instant crime, due to the revocation of a driver’s license on July 23, 2019 due to drunk driving.

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