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(영문) 수원지방법원 성남지원 2020.01.22 2019고단2575
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On May 22, 2019, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on May 2, 2019.

On June 26, 2019, the Defendant, without obtaining a driver’s license at around 00:53 on June 26, 2019, driven a 2 km distance from the blood alcohol concentration of 0.093% on the roads front of Sungnam-si, Sungnam-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

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

1. The same sentence as the order shall be determined by comprehensively taking into account the following factors: (a) a person has been punished for driving under the influence of alcohol for the reason of sentencing under Article 62(2) of the Criminal Act; (b) a person has been drinking alcohol; (c) a person has been drunk; (d) a person has been driving; and (e) the age, occupation, character and conduct, family relationship, living environment, circumstances leading to a crime; and

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