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(영문) 의정부지방법원 2020.11.16 2020고단3406
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 23, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 23, 2015, and on January 18, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court on January 18, 2016, and on June 18, 2019, the Defendant was sentenced to three years of imprisonment for the same crime at the same court on October.

6.26. A person whose judgment has become final and conclusive and is still under suspension of execution.

【Criminal Facts】

On July 1, 2020, the Defendant did not obtain a driver's license in the section of about 8 km from the front of the Gyeonggi-si, Gyeonggi-do, to the front of the gold-do, if the same time is added from the road B at the same time on July 1, 2020, and operated D rocketing car under the influence of alcohol concentration of about 0.034%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses for driving without a license, reporting on the status of driving without a license, reporting on the status of driving without a license, reporting on the status of state of driving without a license;

1. Previous records of judgment: Application of criminal records, inquiry reports (a) and statutes to criminal records, investigation reports (verification of the records of the same kind of driving a suspect under the influence of alcohol and the suspension of execution);

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects his mistake while recognizing the instant crime.

The blood alcohol concentration of the instant case is not higher than 0.034%.

There are some circumstances to consider the motive and background of the instant crime.

The main figures of the defendant want to be the wife of the defendant.

However, the defendant is subject to criminal punishment (three times of fine and three times of suspended execution of imprisonment) from 2001 to 2019 due to drinking driving.

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