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(영문) 수원지방법원 안양지원 2019.11.28 2019고단1959
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

[Criminal Power] On April 22, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 12, 2019, the Defendant driven a B car under the influence of alcohol concentration of 0.090% without obtaining a driver’s license from approximately 1.4m section from the 529 Innyang-si, Annyang-si, 215 to the front road of the 215-ro, Suyang-dong Administrative Welfare Center.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Report on the situation of operation without a license;

1. The driver's license ledger;

1. Details of cards and settlement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant, even in 203 and 2014, was sentenced to a fine twice due to drinking driving and a fine once due to driving without a license in 2014, while driving under the influence of alcohol without a license.

In the light of the risk of crime and the drinking volume of the defendant, the responsibility of the defendant is not easy.

A favorable circumstances: The defendant is recognized to commit a crime, and is in profoundly against the defendant.

There shall be no penalty power exceeding a suspended sentence.

Multi-level traffic accidents, etc. have not occurred.

In addition, the defendant's age, character and conduct, family relationship, environment, motive and background of the crime, means and result, and after the crime is committed.

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