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(영문) 의정부지방법원 2020.10.13 2020고단1717
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for a violation of the Road Traffic Act ( sound driving), and on July 23, 2019, the Defendant was issued a summary order of KRW 4 million by the Seoul Northern District Court for a violation of the Road Traffic Act ( sound driving).

On March 8, 2020, the Defendant was driving a C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. The defendant's legal statement, the current state of driving without a license, the report on the state of driving without a license, the report on the state of his driving, the investigation report on the situation of his driver, the investigation report on the driving without a license, the inquiry into the results of the crackdown on drinking and the

1. The application of Acts and subordinate statutes on criminal records, etc. and investigation reports (verification of criminal records of the same kind);

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: (a) the Defendant again committed the instant crime even if he had a previous conviction for the same kind of crime; (b) the same criminal record was the most recent; (c) the Defendant’s blood alcohol level; (d) the Defendant’s age, character and behavior and environment; (e) the Defendant’s age, character and behavior and environment; (e) motives, means and results of the instant crime;

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