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(영문) 수원지방법원 2019.10.25 2019고단4091
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2008, the Defendant issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong Site on August 13, 2008, and KRW 2 million as a fine at the Suwon District Court on June 19, 2019.

On July 1, 2019, the Defendant, as a person who violated the provision prohibiting driving under the influence of alcohol again, driven a BS-type car under the influence of alcohol concentration of about 0.077% without obtaining a driver’s license from a section of about 100 meters from the front of the motherel in which it is impossible to identify the name of the transfer vehicle in Suwon-si, Suwon-si to the front road of the Suwon-si, Suwon-si, the Defendant was driving the BS-type car under the influence of alcohol concentration of about 0.07% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Report on the situation of driving without a license, a copy of the details of the suspension of driver license, a copy of the advance notice of the suspension of driver license, the ledger of driver license, and the vehicle

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (former and current investigation reports), and copies of summary order Acts and subordinate statutes;

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 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. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a community service order, has served two times for drunk driving, and four times for unlicensed driving, so there is a concern about re-offending of the crime of this case.

However, the fact that the defendant is divided into the crime of this case and reflects the fact that human and material accidents have not occurred, and that blood alcohol concentration is relatively high and driving distance is not long.

(b) other.

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