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(영문) 수원지방법원 안산지원 2020.04.23 2019고단3994
폭행등
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 June 15, 2017, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on June 27, 2018, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act was issued from the Cheongju District Court's Branch of the Daejeon District Court.

【Criminal Facts】

From September 24, 2019 to 02:00 to 03:00, the Defendant driven a vehicle with low alcohol alcohol level of about 6 km from the road near “C” located in C in C in C in C in C in C in C in C in Gyeonggi-do to the front road in D in the same city without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in F and G preparation;

1. Investigation report (Investigation of confirmation of suspect's license);

1. Report on the circumstances of surrounding drivers, and deliberation on the results of the control of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

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 defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (this is the third person's drinking driving, the first person's drinking driving is 0.075% prior to about two years, and the fine is 1.5 million won, the second person's drinking driving is 0.139%, and the fine is 4 million won, and the defendant has the record of receiving juvenile protective disposition twice due to without a license, and the defendant has the record of receiving juvenile protective disposition twice due to a non-license), drinking (0.163%), the situation after the crime, and other various circumstances shown in the argument of this case shall be determined as ordered by the order.

[Crime of Rejection of Public Prosecution]

1. The Defendant is holding a game around 03:00 on September 24, 2019.

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