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(영문) 수원지방법원 평택지원 2021.02.19 2020고단1526
도로교통법위반(음주운전)등
Text

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

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

1. On December 7, 2007, the Defendant was issued a summary order of KRW 7 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and on August 13, 2015, a fine of KRW 7 million was issued at the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking driving).

On May 27, 2020, the Defendant driven a rocketing car with the alcohol level of about 0.083% during blood from around 21:44 to around 3, 2020, while under the influence of alcohol level of about 5km from around 21:44 to around 3, 200.

Accordingly, the defendant was driving a drinking not less than twice.

2. Violation of the Road Traffic Act (unlicensed Driving) driving a Drocketing car without obtaining a driver’s license on the date, time, place, and five km section of the same paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Detection site photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment and report thereon);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing grounds under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture, and all of the sentencing factors indicated in the instant pleadings, including the following circumstances and the Defendant’s age, sex, criminal conduct, environment, family relationship, motive for the crime, means and consequence of the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

An unfavorable circumstance: A person has already been punished for a traffic accident while driving a light drinking or a driver without a license in 2015.

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