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(영문) 수원지방법원 2020.08.13 2020고단2737
도로교통법위반(음주운전)등
Text

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

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 March 11, 2015, the Defendant issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan branch on March 11, 2015, and a summary order of KRW 5 million for the violation of the Road Traffic Act at the Suwon District Court on April 14, 2016.

Nevertheless, at around 21:55 on April 7, 2020, the Defendant, without a driver’s license, driven a d bargaining car at a section of approximately 150 meters in front of the C in the emulation of 0.034% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, etc. inquiry report, assistance from Suwon District Court, summary order of approximately 2015 high-level 421, and summary order of the Suwon District Court approximately 2016 high-level 467 high-level 467 Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence of the same sentence as the order shall be imposed by comprehensively taking account of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., and the execution of the sentence shall be suspended, and orders to attend each community service and compliance driving lecture in order to grant the reflective time and opening time through treatment within society.

In light of the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, etc., the nature of the crime is not weak.

- Driver's license on April 9, 2016

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