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(영문) 의정부지방법원 고양지원 2020.04.17 2019고단3122

도로교통법위반(음주운전)

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

On October 19, 2001, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on August 27, 2008, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act was issued from the Jung-gu District Court's High Court's Goyang Branch on August 27, 2008.

On October 24, 2019, at around 09:31, the Defendant violated Article 44(1) of the Road Traffic Act at least two times by driving a C-mul with a blood alcohol concentration of 0.049% under the influence of alcohol at least two times, from the roads in front of the B apartment in Pakistan-si, Yongsan-gu to the roads in the Hanchip Do-dong, Goyang-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

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

1. Entry of the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver, respectively;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in criminal records, investigation reports, and criminal records, investigation reports (verification of detection records of a suspect's drunk driving);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 was not only twice the record of punishment for drunk driving, but also the defendant was sentenced to suspended sentence due to the crime of the escape vehicle.

The defendant is also driving at a distance.

However, all of the above criminal records are 10 years prior to the 10-year period, the drinking alcohol is not a high figure, and the defendant shows the appearance that he is against.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.