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(영문) 수원지방법원 평택지원 2020.02.18 2019고단1814
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the site of Suwon District Court, and on November 5, 2015, the Defendant was issued a summary order of KRW 7 million by the same court on November 5, 2015.

On October 27, 2019, the Defendant, who was driving once or more times as above, once again driven a DMW car without obtaining a driving license from Pyeongtaek-si B through Pyeongtaek-si from around 00:08 to about 200 meters prior to the same city, and driving DMW car under the influence of alcohol content of about 0.145% without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving and the driver's license register;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished for drinking and non-licensed driving, but again commits the instant crime, and the distance of driving, blood alcohol concentration, and the reflectivity of the defendant shall be taken into account in sentencing.

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