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(영문) 수원지방법원 평택지원 2020.07.23 2020고단388
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle BM3 vehicle volume.

1. Around 06:34 on July 6, 2018, the Defendant driven a BM3 vehicle without a driver’s license from approximately 3 km distance near the court distance of Pyeongtaek-si Dong-dong to Pyeongtaek-si’s front road.

2. The Defendant presented the F’s driver’s license under the name of the Commissioner of the Gyeonggi-do Police Agency as if he was a driver’s license in the name of F, who was in his possession for a request to present a driver’s license, at the time and place specified in the above paragraph (1).

Accordingly, the defendant did not exercise his driver's license, which is an official document.

Summary of Evidence

1. Application of Acts and subordinate statutes to suspect A driver's license protocol, copy of driver's license (F) and circumstantial report (F) to suspect F of the suspect's interrogation protocol on the accused's legal statement

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 230 of the Criminal Act and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of the recommended sentencing guidelines: Since the crimes for which the sentencing guidelines have been set and the crimes for which the sentencing guidelines have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act, the scope of the recommended sentences for the crimes for which the sentencing guidelines have been set shall be taken into account only the basic area of the crimes for which the sentencing guidelines have been set and the lower limit of April to October.

3. The Defendant who was sentenced to a sentence has a high possibility of criticism for committing the crime, such as presenting another person’s driver’s license, to avoid punishment when the Defendant crackdowns on police officers.

The defendant is guilty of a drunk driving.

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