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(영문) 수원지방법원 여주지원 2020.03.27 2020고단212
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On June 12, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on December 10, 2018.

On December 25, 2019, while under the influence of alcohol 00:15, the Defendant driven a CM5 vehicle from the front of a cafeteria in the trade influence city B without obtaining a driver’s license, to the front of a cafeteria in Flus city in Flus city, the Defendant driven a CM5 vehicle at a approximately 5km section from the front of the cafeteria influsium in Flus city to the front of the Black Tlus City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. License register;

1. An inquiry report including criminal records, and an investigation report (report accompanied by a summary order of the same-class power), Articles 148-2 (1), 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act applicable to the Road Traffic Act;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. An order to attend a lecture under Article 62-2 of the Criminal Act shall take into account the unfavorable circumstances such as the same criminal records, drinking water, etc. of the reasons for sentencing, but the fact that the time limit and reflects, and the fact that no criminal act is committed again, etc. shall be considered as favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, family, support relationship, etc., are considered.

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