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(영문) 수원지방법원 2020.05.14 2019고단6350
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 1, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 1, 2008. On June 26, 2009, the Defendant was sentenced to a suspended sentence of two years by the same court for the same crime.

【Criminal Facts】

On October 22, 2019, the Defendant, despite the power of violating the provision on the prohibition of drunk driving as above, driven D SM7 car under the influence of alcohol 0.098% of alcohol content without obtaining a driver’s license, at approximately 300 meters away from the street of a dry field adjacent to a dry field, which is located on the ethic ethic ethic ethic mathic ethic ethic mathic ethic ethic ethic

As a result, the Defendant violated the prohibition of drunk driving more than twice, and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, reports on previous dispositions and results of confirmation, and application of Acts and subordinate statutes to the judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the previous convictions before the suspension of the execution of imprisonment with prison labor, was five times or more, and the Defendant was punished for driving under the influence of alcohol or without obtaining a license, and the Defendant was also under the influence of driving under the influence of alcohol or without obtaining a license.

From June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and even though the defendant was clearly aware of the facts that the defendant was prosecuted by being served with the indictment and a writ of summons and the facts that the trial is in progress, the court shall escape and proceed.

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