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(영문) 의정부지방법원 고양지원 2020.07.23 2020고단594

도로교통법위반(음주운전)등

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 June 21, 2018, the Defendant issued a summary order of KRW 2 million with fines of KRW 3 million with fines of KRW 2 million due to the violation of the Road Traffic Act in the Jung-gu District Court Goyang Branch on June 21, 2018, and on December 26, 2018, by the Jung-gu District Court on March 26, 2018, the summary order of KRW 3 million with fines of violating the Road Traffic Act.

At around 22:55 on January 18, 2020, the Defendant driven a Dbenz car under the influence of alcohol with approximately 5km alcohol concentration of about 0.059% in the front of Pakistan, from a liquor house where it is impossible to know the trade name in the high-si oil dong in Gyeyang-si to the front of Pakistan C.

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

The defendant is a person who is engaged in driving a E-motor vehicle. The defendant is a person who is engaged in driving a E-motor vehicle.

On April 30, 2020, the Defendant, without obtaining a driver’s license, driven the said truck at a section of about 500 meters from the front of the “G pharmacy” to the front of the “I police box” located in H in Eunpyeong-gu Seoul Metropolitan Government, to the road.

Summary of Evidence

[200 Highest 594]

1. Application of the Acts and subordinate statutes to the defendant's legal statement of his/her driver taking-off, investigation report, inquiry report, criminal record records, etc. on the records of crackdown on drunk driving, investigation report (A), and the defendant's legal statement J, K's report on traffic accidents, actual condition investigation report, vehicle driver's license register (A), accident site photographs, vehicle driving license register, accident site photographs, vehicle accident scene photographs, accident accident site photographs, accident accident accident accident accident report, accident accident report, internal investigation report (traffic accident confirmation of CCTV at the site), closure of accident image images, closure report of the Act and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act.