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(영문) 수원지방법원 안산지원 2021.03.31 2020고단4688
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Power of crime] On July 5, 2019, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon method.

[Criminal facts]

1. On August 4, 2020, the Defendant: (a) was under the influence of alcohol leveling 0.190% in the section of approximately 1km from the road near the 2nd administrative welfare center in Ansan-si, the 2nd administrative welfare center around Ansan-si; and (b) was under the influence of alcohol leveling 0.190% in blood while under the influence of alcohol leveling from the road near the 2nd administrative welfare center around the same Gu B.

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

2. On June 5, 202, the Defendant was driving a van as described in paragraph (1) without obtaining a driver’s license from the front side of the Da-gu, Ansan-si, Jeonnam-si to the road adjacent to the construction site in the Sungnam-si, Chungcheongnam-si, Seoul-si, etc., on around 25 km, and driving a van as described in paragraph (1) without obtaining a driver’s license from around that time to August 17, 2020, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, a written appraisal, a traffic accident report (report on the actual condition of a driver in charge), a report on investigation (report on the driver in charge of drinking), a notification of the results of regulating driving of drinking, a report on the driving without a license, a vehicle accident-related photograph, a vehicle driver's license register, a vehicle driver's license register, a tea-related inquiry, a photo pertaining to driving without a license, a vehicle driver's identification report, an investigation report (AVI video records), a report on detection of a driver in charge, a criminal investigation report (AVNI video records), and a previous record of ruling to close a non-licensed image record: A response to inquiries, such as criminal history, and a report on the results of confirmation of previous records (including attached

1. The former Road Traffic Act (amended by Presidential Decree No. 2340, Jun. 9, 2020)

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