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(영문) 의정부지방법원 2020.09.07 2020고단3223
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On December 22, 2011, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court on December 22, 201, and received a summary order of KRW 7 million for the same crime in the same court on December 12, 2016.

【Criminal Facts】

On March 22, 2020, at around 00:36, the Defendant driven a B-to-pur motor vehicle with a blood alcohol concentration of about 0.192% under the influence of alcohol without obtaining a driver’s license from approximately 3km section from front of the road where it is impossible to identify the detailed address of the Sincheon-si, Sincheon-si, Sincheon-si (hereinafter referred to as the “Ycheon-si”), to the front day of the C-to-Gu, 1690.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map, on-site photograph, report on the situation of the driver himself/herself, and investigation report (report on the status of the driver);

1. Previous records of judgment on the ledger of driver's licenses: Application of criminal records, etc. inquiry reports, previous records of disposition, and reporting results of confirmation Acts and subordinate statutes;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant was punished for a violation of the Road Traffic Act (driving) around 2011 and around 2016, the Defendant committed the instant drinking and unlicensed driving.

At the time of the instant case, the Defendant’s blood alcohol concentration is 0.192%.

The age and age of the defendant.

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