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(영문) 수원지방법원여주지원 2020.08.19 2020고단662
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 November 30, 2018, the Defendant issued a summary order of KRW 4 million at the Seoul Eastern District Court for a violation of the Road Traffic Act, and on April 26, 2019, a fine of KRW 5 million at the Seoul Northern District Court for a violation of the Road Traffic Act.

【Criminal Facts】

Around 04:50 on April 10, 2020, the Defendant driven a e-mail with a blood alcohol concentration of about 0.035% from the front road in Ison-si B to the front road in Ison-si, Ison-si without obtaining a driver’s license.

As a result, even though there is a history of violating the prohibition of drinking driving, the defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. CCTV images of the Defendant’s legal statement, such as the violation of the Road Traffic Act (driving) and the report on detection, the circumstantial statement of his/her driver, the report on the situation of his/her driving, the report on the situation of his/her driving, the notification of the results of the control of his/her driving, the report on the state of his/her driving without permission, the report on the state of

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, application of summary order-related Acts and subordinate statutes;

1. Selection of imprisonment with prison labor for a matter of crime as provided in Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act and Article 40 and Article 50 of the Act on the Standing and Standing Punishment of Traffic;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has again been driven without drinking alcohol, despite the fact that the Defendant had had a record of drinking driving twice.

However, the blood alcohol concentration at the time of crime was relatively low, and the driving distance is also short.

All of these circumstances, including the age, character, and environment of the defendant, and the circumstances after the crime.

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