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(영문) 의정부지방법원고양지원 2020.09.09 2020고단1232
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 8, 2010, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 6, 2010, a summary order of 4 million won for the same crime in the same court on March 6, 2015, and a summary order of 5 million won for the same crime in the same court on December 14, 2018, respectively.

【Criminal Facts】

On February 14, 2020, at around 19:45, the Defendant, without a car driver’s license, driven an EM5 car at a distance of about 100 meters from the street before the convenience store in the vicinity B during the strike to the front of the “D” located in the Pakistan.

Summary of Evidence

1. The defendant's legal statement, the report on the state of his oral statement, and the register of driver's licenses for notification as a result of the drinking control;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

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. 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 Act is a case of drinking alcohol without a driver’s license, and the criminal liability of the defendant is not weak in view of the fact that drinking power has already been used several times.

However, the Defendant stated that all the facts charged are recognized and against the Defendant, and that there is no record exceeding the fine is considered as favorable to the Defendant. In addition, considering the Defendant’s age, character and conduct, health status, family relationship, means and result of the crime, the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant pleadings, such as the circumstances after the

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