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(영문) 수원지방법원 2020.01.16 2019고단6135
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant was issued a summary order of a fine of KRW 3 million by the Suwon District Court for a violation of the Road Traffic Act.

around 22:45 on October 10, 2019, the Defendant driven a ENAS car with approximately 2 km section from the front of the “C” road in Suwon-si, Suwon-si, Suwon-si, to the front of the same Gu, without a driver’s license, while under the influence of alcohol by 0.047% with a blood alcohol concentration of 0.047%.

around 01:03 on October 22, 2019, the Defendant driven a ENAS car without obtaining a driver’s license in the state of alcohol concentration of about 0.139% in the section of about 1km from the front of G in the sphere of Suwon-si, Suwon-si to the front of the 241 hand-on road.

Summary of Evidence

"Criminal Power"

1. Previouss before ruling: Criminal history records, etc. and investigation reports (verification reports on the same type of crime records);

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and investigation report (report on the state of drinking drivers);

1. A driver's license inquiry letter "2019Nong7355";

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of each Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and community service order and order to attend a lecture, shall be subject to criminal punishment for drinking run.

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