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(영문) 수원지방법원 평택지원 2020.01.09 2019고단1871
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site, and the probation period becomes final and conclusive on October 19, 2018.

On October 26, 2019, at around 23:27, the Defendant driven a F low-speed car under the influence of alcohol level of 0.059% without obtaining a driver’s license from the front of the “C” road in Ansan-si B to the front of the “E” road in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness;

1. Notification of the result of crackdown on drinking driving;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (verification, etc. of the same kind of force), judgment, and result of case search;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though the Defendant had been punished for a suspended sentence due to repeated drinking driving, and had been in office for a suspended sentence period, the Defendant transferred his/her motor vehicle under another person’s name and used it again, and thus, the crime is not good; (b) the Defendant is sentenced to the penalty on the ground that his/her blood alcohol concentration is very high; and (c) the fact that the Defendant properly disposed of the motor vehicle while breaking his/her mistake.

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