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(영문) 수원지방법원 2021.03.30 2020고단8852
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant received a summary order of KRW 3,50,00,000 as a crime of violating the Road Traffic Act (drinking) in the support for the development of a water source method in Ansan.

Nevertheless, on November 26, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol concentration of about 0.097% from the C parking lot located in Suwon-si B to the front of the right line in Suwon-si, Suwon-si, without obtaining a driver's license, at around 22:40 on November 26, 2020.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving without a license, report on the situation of the driver with the driver with the driver without any license, report on investigation (report on the situation of the driver with the driver with the driver without

1. Previous convictions indicated in judgment: Investigation report (Attachment of materials related to criminal history), application of Acts and subordinate statutes governing criminal history;

1. Article 148-2 (1), Article 44 (1) (two or more times of drinking) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (non-licensed driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lecture is deemed to have been committed by the defendant without a license in the state of taking the principal place and the illegality of the crime is serious; the defendant has been punished for a total of three times due to drinking in 2003, 2006 and 2017; the defendant has a record of being punished for a total of three times due to drinking; the defendant's mistake and reflect; the defendant's personality and behavior and environment; the defendant's character and environment; the motive, circumstance, and result of the crime; the circumstances after the crime, etc. shall be determined as the sentence as ordered.

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