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(영문) 의정부지방법원 2020.01.14 2019고단4017
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

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 May 4, 2016, the Defendant was issued a summary order of KRW 2.5 million by the Jung-gu District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on December 16, 2016, respectively.

【Criminal Facts】

On August 4, 2019, around 00:33, the Defendant violated the duty of prohibiting driving under influence of alcohol by driving DNA 5 automobiles with a blood alcohol concentration of 0.136% under the influence of alcohol without obtaining a driver's license in approximately 500 meters from the front of the Gyeonggi-si, Gyeonggi-do (B), to the front of the same city C, at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Reporting on detection of a license for driving or non-license under the Road Traffic Act;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant committed the crime of this case again despite the fact that he had been punished several times due to drunk driving or unlicensed driving, the same criminal record of the defendant is relatively recent, and there is no criminal record exceeding the fine of the defendant, the blood alcohol concentration of the defendant, the defendant's age, character and behavior and environment, the character, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered

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