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(영문) 의정부지방법원고양지원 2020.11.27 2020고단1497

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On January 26, 2010, the Defendant received a summary order of KRW 3 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on November 7, 2014.

【Criminal Facts】

At around 13:40 on April 18, 2020, the Defendant driven a motorcycle under the influence of alcohol by 0.159%, without obtaining a motorcycle driver’s license, at a section of about 100 meters from the vicinity of the Yongsan-gu Incheon Metropolitan City B market to the front road of the D Union mountain point of the same Gu C located in the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the actual state of drinking drivers, reports on the state of drinking drivers, inquiry into the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same type of crime), and application of two copies of the summary order under Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was committed by the defendant with the previous and several sub-licenses, and the defendant's liability for the crime of this case is not somewhat weak.

However, the Defendant stated that the facts charged are recognized and against the Defendant, and that there is no criminal record exceeding the fine, etc., shall be considered as favorable circumstances to the Defendant. In addition, the Defendant’s age, family relationship, character and conduct, means and results of the crime, and the circumstances after the crime are revealed in the instant pleadings.