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(영문) 수원지방법원 성남지원 2020.04.21 2019고단2889
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

[Criminal Power] On May 18, 2016, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of the performance of deceptive duties by fraudulent means at the Seoul Eastern District Court, and was sentenced to four months as a crime of obstruction of the performance of deceptive means, etc. at the Sungwon District Court's Sung-nam Branch on January 20, 2017, and the said sentence became final and conclusive on May 26, 2017, and completed the execution of the final sentence at the Ansan Prison on December 17, 2017.

On December 19, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on December 19, 2008. On May 29, 2019, the Defendant appealed a fine of KRW 10 million on November 19, 2019 for a crime of running a clib while under the influence of alcohol of KRW 0.248% on May 15 and 36, 2019.

【Criminal Facts】

On September 16, 2019, at around 16:20, the Defendant driven B Maz Motor Vehicle under the influence of alcohol level of 0.206% without obtaining a driver's license in approximately 30 km section from the vicinity of the Suwon-si, Suwon-si, Suwon-si, to the lux food3rd distance.

Summary of Evidence

1. Defendant's legal statement;

1. Documents pertaining to reports on the state of drinking alcohol, inquiry into the results of the control of drinking driving, licenses, tea, and insurance;

1. Previous records of judgment: Criminal records, inquiry reports, judgments, etc., judgments, integrated cases, results of inquiries into integrated cases, and application of Acts and subordinate statutes to the acceptance status of individuals;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act reflects the accused’s fault.

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