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(영문) 수원지방법원 평택지원 2021.02.05 2020고단1738
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has received a summary order of KRW 1 million from the Suwon District Court on December 15, 2008 as a crime of violating the Road Traffic Act (drinking on drinking), and three million won from the same court on February 14, 2019.

1. Around June 17, 2020: (a) around 02:17, the Defendant driven a car in the state of alcohol alcohol level of about 0.046% while under the influence of alcohol level of about 500 meters from the front day of Pyeongtaek-si B to the front day of Pyeongtaek-si C.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the DES900 vehicle without obtaining a driver’s license at the same time and place as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Articles 148-2(1), 44(1) (the point of drinking), 152 subparag. 1, 43 (the point of driving without a license), and 40 and 50 of the same Act concerning criminal facts (the punishment on a violation of the Road Traffic Act due to a heavier drinking driving)

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of protecting and observing the order of education, taking into account the circumstances leading up to the defendant's drinking and driving without a license, the criminal records of the defendant, and other various sentencing conditions under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, sex, and environment of the defendant.

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