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(영문) 수원지방법원 2020.06.11 2020고단1209
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Common Criminal Power] On July 18, 2018, the Defendant was issued a summary order of a fine of three million won at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on November 22, 2019, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Suwon District Court on November 22, 2019, and is still pending in the appellate trial.

around 01:22 on November 16, 2019, the Defendant driven a E Liber car under the influence of alcohol concentration of 0.135% without obtaining a driver's license in a section of about 1km from the front road to the front road in the sphere of D in the sphere of Suwon-si, Suwon-si, Suwon-si.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and driving a motor vehicle again despite the history of punishment for drinking, and violated it more than twice.

On March 23, 2020, the Defendant driven E Lat Motor Vehicle at the 1km section from G near G located in Osan-si to the front of H apartment in the same city, under the influence of alcohol level of 0.109% without a driver’s license, around March 23, 2020.

Summary of Evidence

"200 Highest 1209"

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, notification of the results of influence control on drinking, and the register of driver's licenses for measuring records, and a statement of the vehicle: "20 high-level 3373";

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry the results of the drinking driving control;

1. License register;

1. Previous records of judgment: Application of Acts and subordinate statutes of one copy to criminal records, references to criminal records, previous records of disposition, results of confirmation, two copies, judgment, summary order, Supreme Court or case search; and

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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