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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단187

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 12, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for breach of trust, etc. at the Jung-gu District Court, which was sentenced to one year and six months of suspension of execution, and on May 13, 2016, the sentence of suspension of execution became final and conclusive on July 20, 2016. On October 20, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court Goyang Branch Branch Branch, which became final and conclusive on July 20, 2016, and completed the execution of the final sentence on December 21, 2017 at the Jung-gu Vocational Training Prison, which became final and conclusive on December 30, 2017. < Amended by Act No. 15003, Nov. 14, 2018>

On May 19, 2008, the Defendant was sentenced to a fine of KRW 4 million in the Goyang Branch of the Goyang Branch of the High Government District Court on the grounds of the crime of violation of the Road Traffic Act (Refusal of measurement of drinking), etc. on October 28, 2008, a fine of KRW 3 million in the Goyang Branch of the High Government District Court on the grounds of the crime of violation of the Road Traffic Act (driving) on October 28, 2008, and a fine of KRW 5 million in the Goyang Branch of the High Court on the grounds of the crime of violation of the Road Traffic Act (driving) on January 22, 2015.

On November 7, 2019, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by driving a DNA motor vehicle while under the influence of alcohol 0.128% in a section of about 150 meters from the road located in Kimpo-si B until the road located in C. < Amended by Act No. 15093, Nov. 7, 2019>

Summary of Evidence

1. Defendant's legal statement;

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

1. Detailed statement of the circumstances of a drinking driver, and notice of the result of crackdown on drinking driving; and

1. Previous for previous convictions indicated in the judgment: Criminal history records, one copy of the summary order, the current status of accommodation of each individual, investigation report (verification of the facts during the period of repeated crime) and application of each Act and subordinate statutes stated in each judgment;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount is short of the distance in which the defendant renders a drinking.