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(영문) 수원지방법원 2020.08.27 2020고단321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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 May 10, 2013, the Defendant issued a summary order of KRW 3 million with a fine of KRW 4 million at the Suwon District Court on May 10, 2013, by committing a violation of the Road Traffic Act (driving). On December 12, 2018, the Defendant received a summary order of KRW 4 million with a fine of KRW 1 million from the Suwon District Court as the same crime.

On January 5, 2020, at around 02:30, the Defendant driven a B Exporer’s vehicle under the influence of alcohol concentration of about 0.106% without obtaining a driver’s license from the parking lot of the Young-gu Office located in the Young-gu, Young-gu, Suwon-si to the return village located in the eposidong, to the shooting distance near the return village.

On May 10, 2013, the Defendant was sentenced to a summary order of KRW 3 million by a fine of KRW 4 million at the Suwon District Court on May 10, 2013. On December 12, 2018, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 1 million by a violation of the Road Traffic Act at the Suwon District Court on February 12, 2018. On January 21, 2020, the Defendant was not detained due to a violation of the Road Traffic Act (driving) and is currently pending trial.

Nevertheless, around 04:27 on April 4, 2020, the Defendant, without a car driver's license, driven a car B in the section B of approximately 6.4 kilometers from the front of the flag intersection located in the same city at the D cafeteria located in the same city where the blood alcohol concentration of 0.045% is under influence without a car driver's license.

Summary of Evidence

"200 Highest 321"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (man's records of drunk driving of a suspect), a summary order of KRW 2013 high-ranking housing site register 2013 high-ranking 1294, a summary order of Suwon District Court 2018 high-ranking 20874, a summary order of KRW 2020 high-ranking 4313;

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses (data concerning drinking and non-licensed licenses and making an inquiry into the register);

1. Previous convictions in judgment: criminal records and references;

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