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(영문) 의정부지방법원 2019.09.17 2019고단1433

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 14, 2012, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 14, 2012, and the same court on August 24, 2016 issued a summary order of a fine of 4 million won for a crime of violation of the Road Traffic Act. On September 28, 2017, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act at the Jung-gu District Court's Goyang Branch on September 28, 2017, and the judgment became final and conclusive on October 11, 2017.

On February 11, 2019, the Defendant, without obtaining a driver’s license on February 21, 2019, driven a F rocketing car at approximately 200 meters from the front of a restaurant to the front of the “E” located in Gyeonggi-gun B, Gyeonggi-do, under the influence of alcohol content of 0.052% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license and license;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before and after judgments: Criminal records, references to records, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The reason for sentencing selection of sentence of alternative punishment is that the defendant again commits the crime of this case even though he had the same criminal record at several times, the crime of this case is committed during the period of suspension of execution due to the same crime, the defendant's same criminal record is the most recent, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be