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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1684
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 14, 2014, the Defendant was issued a summary order of KRW 5 million at the Suwon District Court’s horizontal Housing Site source due to a violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

On October 9, 2019, around 09:10 on October 9, 2019, the Defendant driven a motor vehicle B with the blood alcohol concentration of 0.075% while under the influence of alcohol without obtaining a driver's license from the 1km section of approximately 1km to the 145 Pyeongtaek-si's Pyeong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the report on the circumstances of a drinking driver, the investigation report, the notification of the control results of a drinking driving, the report on the circumstances of a driving without a license, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of court rulings and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "non-licensed driving" in this Article), subparagraph 1 of Article 152, and Article 43 concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act reflects the defendant's wrongness, and the defendant has the previous record of punishing two fines due to drunk driving (200, 2014), not only three times of driving without a license, but also three times of driving without a license. The defendant has the record of driving without a license, the records of driving without a license, and other various sentencing conditions such as the defendant's age, character and behavior, the environment, and the circumstances after the crime, etc. shall be determined as the same as the order.

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