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(영문) 의정부지방법원 고양지원 2020.05.15 2020고단419
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 23, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On December 3, 2019, at around 00:20, the Defendant driven a car at approximately 300 meters away from the front road of Gyeonggi-si, B, to the front road of the same City C building, without obtaining a driver’s license, while under the influence of alcohol 0.049%, while under the influence of alcohol 0.049%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry records, and copies of 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a case where the defendant, even though he did not have received a summary order due to drunk driving, driving again with a license without permission, and the defendant's liability for the crime in light of the circumstances and contents of the crime is not easy.

However, considering the fact that the Defendant stated that all the facts charged are recognized and against the Defendant, the fact that there is no penalty heavier, the fact that the Defendant has to support the aged, the wife and two children favorable to the Defendant, and other factors considered the Defendant’s age, character and conduct, health status, family relationship, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the various factors of sentencing specified in the arguments in this case, such as

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