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(영문) 수원지방법원 안산지원 2019.06.19 2018고단1326
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On September 11, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on February 27, 2009, received a summary order of KRW 2 million for the same crime from the Suwon District Court, and issued a summary order of KRW 1 million for the same crime at the Suwon District Court on June 27, 2012, and was sentenced to a summary order of KRW 1 million for the same crime at the Suwon District Court on May 1, 2014. On March 2, 2015, the Defendant was sentenced to a suspended sentence of KRW 5 million for one year for a violation of the Road Traffic Act at the Suwon District Court on May 1, 2014, and was sentenced to a summary order of KRW 44 (1) of the Road Traffic Act for a violation of the Road Traffic Act at the Suwon District Court on March 2, 2015.

[2018 Highest 1326] On March 24, 2018, the Defendant driven a Csp motor vehicle under the influence of alcohol of about 0.077% of alcohol content at the section of about 2k meters of art gallery located in the same Sungpodong as before the art gallery distance of the same Gu from Ansan-gu, Ansan-si to the front of the art gallery located in the same Gu.

[2019 Highest 1331] On July 10, 2018, the Defendant driven a CSP car at approximately 6.5 km from the front side of the Gangseo-gu, Busan Metropolitan City to the front side of the members E-gu, Ansan-si, under the influence of alcohol concentration of 0.070% without obtaining a driving license at around 12:20 on July 10, 2018.

Summary of Evidence

[2018 Highest 1326]

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Related photographs (2019 Highest 1331);

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The register of driver's licenses (previous record on market);

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (report attached to criminal records of the same kind as the suspect's judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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