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(영문) 수원지방법원안산지원 2020.08.20 2020고단1458
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of 2 years for the violation of the Road Traffic Act in the Ansan Branch of the Suwon District Court on May 31, 2019, and was sentenced to a suspended sentence of 2 years on June 8, 2019, which became final and conclusive on June 8, 2019 and is currently under suspended sentence, and was sentenced to a total of 6 times punishment for the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license).

【Criminal Facts】

On February 17, 2020, the Defendant, without obtaining a driver’s license, driven a Crentop car in a drunken state with approximately 0.09% alcohol concentration of approximately 6km from the road located in Ansan-si, Ansan-si, Simsan-si to the Mani-si, B apartment underground parking lot.

As a result, the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking-free driver, drinking control results, the ledger of driver's licenses for drinking-powered areas, and details of disposition to revoke driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (previous records and confirmation reports for suspects);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation requires a punishment corresponding to the punishment for the crime that may cause serious harm to the life, body, and property of others. In light of the fact that the Defendant had been punished several times due to drinking or driving without a license (five times a fine and one time a suspended sentence), and that the Defendant has been drinking or driving without a license during the suspended sentence due to the same criminal act, it is inevitable for the Defendant to sentence sentence corresponding to the punishment for the crime.

(b).

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