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(영문) 수원지방법원 안산지원 2020.04.17 2019고단3446
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 15, 2019, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from an Ansan District Court’s Ansan Branch on March 15, 2019.

【Criminal Facts】

On August 17, 2019, the Defendant, without obtaining a driver’s license on August 17, 2019, driven a C-A-hurged vehicle with a blood alcohol concentration of about 0.153% at the section of about 2 km from the influent area to the front road of Ansan-si, Ansan-si, without obtaining a driver’s license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the situation of a driver with a driving without a license, inquiry into the results of the control of drinking driving, results of measurement of drinking, register of driver's licenses, and making inquiries into the vehicle;

1. Previous records: Application of Acts and subordinate statutes of each summary order, such as inquiry into foreign crimes and investigation records materials, reporting on the results of confirmation of the previous disposition, investigation reports, and summary order;

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 facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order, order to attend lectures, and order to suspend the execution of a sentence and to prevent recidivism in consideration of the fact that a person committed a crime again in several months, which was punished due to the reason of sentencing, drinking without a license, and driving without a license under Article 62-2 of the Criminal Act, and the fact that drinking is very high, a person shall be punished by imprisonment; however, in addition, probation, community service order and order to attend lectures shall be added, in order

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