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(영문) 수원지방법원 평택지원 2020.04.07 2019고단1420
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 1420] The Defendant is a person who was issued a summary order of KRW 4 million by the same court on June 20, 2019 as a fine of KRW 2 million for a violation of the Road Traffic Act at the Pyeongtaek District Court's Eunpyeong site on August 12, 201, and a fine of KRW 4 million for the same crime at the same court on June 20, 2019.

On September 14, 2019, at around 19:58, the Defendant driven a motor vehicle with the Radema in the state of alcohol alcohol concentration of about 0.129% without obtaining a driver's license for blood alcohol level of about 100 meters on the front side of the Catea club located in Pyeongtaek-si B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act, which is a provision prohibiting drinking driving, not less than twice.

[2019 Highest 2023] Around 14:40 on November 21, 2019, the Defendant was driving a DNA car without obtaining a driver's license from around about 700 meters from the front of the F cafeteria in Pyeongtaek-si E to the front road of Pyeongtaek-si GH Co., Ltd.

Summary of Evidence

[2019 Highest 1420]

1. Defendant's legal statement;

1. Report on the circumstances of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driver’s license;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of suspect records), written judgments (2019 order 2023);

1. Defendant's legal statement;

1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant Articles 148-2 (1), 44 (1), 152 (1), and 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of the Road Traffic Act and the crimes of the Road Traffic Act of September 14, 2019) and the crimes of the Road Traffic Act of September 14, 2019 and the punishment provided for in the crimes of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances that are disadvantageous to the reason of sentencing under Article 62-2 of the Criminal Act: Two times of a fine for a drunk driving.

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