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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1619
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

[criminal power] On November 23, 2010, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution for the crimes of violation of the Road Traffic Act in the Daegu District Court racing support, etc. on November 23, 2010. On July 2, 2018, the Defendant was sentenced to a summary order of KRW 2 million for the crimes of violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 25, 2019, at around 21:20 on September 25, 2019, the Defendant driven C K3 cars while under the influence of alcohol alcohol level of about 0.059% without obtaining a driver's license at a distance of about 20km from the front side of the bus stops of the 1297-3, as Gyeonggi-si, Gyeonggi-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver without a license, the circumstantial report on the driver without a license, the circumstantial statement of the driver, and the driver’s license register; and

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "non-licensed driving" in this Article), subparagraph 1 of Article 152, and Article 43 concerning 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. Probation, community service order, and order to attend the course of the punishment under Article 62-2 of the Criminal Act are confessioned by the defendant, and their depth is divided, the drinking level and driving distance of the drinking driving of this case, the circumstances leading the drinking driving of this case, and other various sentencing conditions, such as the defendant's age, character and behavior, environment, family relationship, etc., and the circumstances after the crime, and the last sentence is to be taken in line with the order as ordered.

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