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(영문) 의정부지방법원 2021.03.17 2020고단5173

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2007, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) from the District Court.

On September 6, 2020, the Defendant driven a D options car with alcohol content of 0.098% 0.098% in blood from the public parking lot B in Dongducheon-si to the front road of the same city from around 200 meters to around the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime under the influence of alcohol concentration of 0.098% in the blood transfusion even before the reason for sentencing under Article 62-2 of the Criminal Act.

It also caused an accident that causes a vehicle parked in the course of driving the drinking of this case.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflected in the fact that the defendant again does not drive a drinking, the defendant's scrapping of the defendant's vehicle shall be considered. In full view of the motive and circumstances of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, criminal record relation, etc., the punishment as ordered shall be determined as per Disposition.