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(영문) 수원지방법원 안산지원 2021.01.21 2020고단4400
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of 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

1. On May 11, 2020, the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act, due to a violation of the Road Traffic Act, at the support of the Suwon Flag Flag and Ansan Glag, for the violation of the Road Traffic Act.

Although the Defendant was found to have violated the provision prohibiting driving of alcohol as above, the Defendant driven the E rocketing car under the influence of alcohol content of about 0.127% without obtaining a driver’s license from around 09:30 on September 27, 2020 to the front and front roads of D elementary school located in the same Gu C from around 500 meters from the front and front roads of D elementary school located in the same Gu C, Ansan-si.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and driving a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, driving an rocketing car not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the ledger of driver's licenses;

1. Inquiry into mandatory insurance;

1. Previous convictions: Inquiry into records of foreign crimes and investigation experience, and application of Acts and subordinate statutes verifying the records of the same crime;

1. Article 148-2 (1), Article 44 (1) (the violation of the provision prohibiting drinking at least twice) of the Road Traffic Act concerning the facts constituting an offense, Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the violation of the provision prohibiting drinking at least twice), Article 46 (2) 2, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the violation of the provision prohibiting drinking at least twice);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under the Criminal Act;

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