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(영문) 의정부지방법원 고양지원 2020.05.21 2020고단1038

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On June 17, 2008, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in order to support the High Court of Jung-gu on June 17, 2008, and was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same support on April 26, 201.

At around 09:30 on March 12, 2020, the Defendant driven a 2km and 1 ton cargo vehicle B from the 2km section of about 2 km to the front of the Goyang-gu Seoyang-gu Seoyang-gu 104-ro 13, Goyang-gu, Seoyang-gu, Seoyang-gu, 1429, under the influence of alcohol level of 0.06%, even though he had the alcohol level as above, and as such, he was under the influence of alcohol level of 0.06%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records of judgment: Application of Acts and subordinate statutes to investigation reports, criminal records, and replys to criminal records;

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 for discretionary mitigation;

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

1. The Road Traffic Act amended on December 24, 2018, as amended on the grounds of sentencing of Article 62-2 of the Criminal Act on probation, has strengthened the punishment to be sentenced to imprisonment for not less than two years but not more than five years (not less than one year but not more than two years and six months even if mitigation is made); the defendant has already been punished several times due to drinking driving; the defendant has already been subjected to suspended sentence for the last drinking driving; the defendant has again been under suspended sentence for the last drinking driving; and the fact that the defendant has been subject to punishment for several crimes, which is disadvantageous to the defendant; the defendant's mistake is divided; and the above records of driving under the influence of drinking are also punished for more than nine years.