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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단804
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

The Defendant received each summary order of KRW 1 million on May 19, 2008, fine of KRW 1 million on December 29, 2008, and fine of KRW 2 million on September 20, 2019, as well as KRW 10 million on September 20, 2019.

On March 4, 2020, the Defendant, at around 01:40 on the same day, driven a motor vehicle in E Spo-type with a blood alcohol concentration of about 0.146% without obtaining a driver's license from around 01:45 of the same day on the front of the B apartment C convenience store in Pakistan, in violation of the prohibition of drunk driving regulations two times or more, while driving a motor vehicle in the state of alcohol concentration of about 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and entry in the register of driver's licenses; and

1. Previous records before ruling: Application of each Act or subordinate statute written in four copies of criminal records, repeated statements, and summary order;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a drinking operation with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in four times, and again, the defendant was punished for drunk driving or unlicensed driving, and six months have not passed since he was finally punished for drunk driving. Furthermore, the number of drinking alcohol in the instant crime is considerably high.

However, all of the above criminal records are punished by a fine, and there are no other criminal records.

The defendant's disposal of the vehicle and the re-offending of the vehicle will not be followed.

The defendant is alone.

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