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(영문) 의정부지방법원 2020.05.12 2019고단4939
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On October 21, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on January 31, 2018, the same court issued a summary order of KRW 4,00,000 as a fine for the same crime. On September 22, 2019, the Defendant driven a bandon bandon under the influence of alcohol concentration of KRW 0.122% under the influence of alcohol level 0.12% under the influence of alcohol level, without obtaining a driver’s license to drive the bandon the front of the community hall located in Pyeongtaek-gun, Pyeongtaek-gun on September 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and investigation reports (verification of the same kind of power);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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 reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had a conviction of multiple times, the same criminal record of the defendant was recently committed, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in light of the sentencing conditions indicated in the arguments of this case.

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