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(영문) 수원지방법원 2019.05.23 2019고단1066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court Seosan Branch on the grounds of violation of the Road Traffic Act, etc. On December 12, 2018, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 12, 2018, and on January 15, 2019, the Defendant was sentenced to imprisonment of KRW 6 months for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Suwon District Court on January 15, 2019, and the said judgment became final and conclusive on January 23, 2019 and is currently under suspension of execution.

【Criminal Facts】

On January 24, 2019, at around 21:20, the Defendant driven a freight vehicle with Dribe while under the influence of alcohol concentration of about 0.080% without obtaining a driver's license in about 500 meters from the Do in front of the B market in ethic City to C in front of the road.

As a result, the defendant, even though he had a history of punishment for drinking driving more than twice, has driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, references to criminal records, previous records of disposition, two copies, investigation reports (Attachment to the same type of judgment, etc.), written judgments, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was punished for driving under the influence of alcohol in 2004; (b) driving under the influence of alcohol in 2005; (c) driving under the influence of alcohol in 2006; (d) driving under the influence of alcohol and without the license in 2010; and (e) driving under the influence of alcohol in 2018; (b) imprisonment with prison labor for a violation of the Road Traffic Act (e.g., refusal of measurement) in the Suwon District Court on January 15, 2019; and (c) imprisonment with prison labor for a period of suspension of execution after the judgment became final and conclusive on January 23,

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