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(영문) 의정부지방법원 2020.11.11 2020고단2242

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2007, the defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

On April 29, 2020, around 02:25, the Defendant driven a DNA car while under the influence of alcohol with approximately 0.145% alcohol concentration from the front parking lot of the “Cnobya Bank” located in Sacheon-si B to approximately 10 meters.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on each traffic accident at the scene of the accident as a result of the crackdown on drinking driving, and photographs of related vehicles;

1. A previous conviction: An inquiry letter and the application of Acts and subordinate statutes for a criminal investigation report;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The accused has been punished twice as drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration 0.145% in the second blood alcohol concentration.

The occurrence of an accident that causes a vehicle parked in the course of driving under the influence of alcohol in this case.

However, considering the fact that the defendant recognized the crime of this case and is against the defendant, the circumstances favorable to the defendant's family members who will support the crime of this case, and considering the motive and background of the crime of this case including the above circumstances, the method and result of the crime, the circumstances after the crime of this case, the age, environment, and criminal record, the punishment as ordered shall be determined by taking