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(영문) 수원지방법원 여주지원 2020.03.17 2020고단47
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

The Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) on August 7, 2006 at Suwon District Court’s branch on August 7, 2006, 4 million won as a fine for a violation of the Road Traffic Act (driving) on May 20, 2016, and 5 million won as a fine for a violation of the Road Traffic Act (driving) on November 1, 2018.

On November 30, 2019, at around 19:30, the Defendant driven an Epoter 2 truck without obtaining a driver’s license under the influence of alcohol concentration of approximately 0.236% from the 3km section from the front of the inn city B to the front of the “D” road in the same city C.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

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

1. Report on the situation of operation without a license;

1. License register;

1. Application of the Acts and subordinate statutes of four copies of the summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Article 62-2 of the Criminal Code of Order to Attend a lecture has been punished twice due to the reasons of sentencing, and is punished for driving without a license, causes a minor collision while driving under drinking, and the defendant seems to have been in a state of drinking to the extent that the collision itself does not become aware of the collision itself, and the motive leading to driving under drinking (the motive leading to driving under drinking) shall be considered as disadvantageous circumstances, and the circumstances that lead to driving under drinking (the driving under drinking) shall be considered as favorable circumstances, such as the fact that the time is human and reflect, and the fact that the driving under drinking again does not lead to driving under drinking, etc. shall be considered as favorable circumstances.

This is the defendant's age, character and behavior.

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