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(영문) 수원지방법원평택지원 2020.11.27 2020고단990
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 July 31, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site Board on July 31, 2014, and was sentenced to a fine of four million won for the same crime in the same court on March 16, 2016, and was sentenced to a fine of seven million won for the same crime in the same court on July 9, 2018.

【Criminal Facts】

On April 1, 2020, at around 22:55, the Defendant driven an E 7 vehicle while under the influence of alcohol 0.086% of blood alcohol concentration from the front of Pyeongtaek-si B to the front of Pyeongtaek-si D, without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses in a report on the situation of driving on a driving on a driving without a license, a report on the situation of operating on a driving without a license;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without Permission"), Article 152 subparagraph 1, or Article 43 of the same Act concerning facts constituting an offense. Article 40 or 50 of the same Act concerning the standing concurrent crimes (Punishment of a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving)

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 sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of

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