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(영문) 의정부지방법원고양지원 2020.11.13 2020고단2442

도로교통법위반(음주운전)

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

[criminal power] On February 29, 2008, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Seoul Western District Court, and on January 30, 2009, a summary order of KRW 1.5 million for the same crime was issued, respectively.

【Criminal Facts】

On July 31, 2020, at around 20:50, the Defendant driven a DK7 car while under the influence of alcohol 0.143% while under the influence of alcohol, from around 3 km to the roads near C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the fact that there are families to support the multi-child, etc., and the fact that there is no record of crime exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, family relationship, character and conduct, means and consequence of the crime, and circumstances after the crime.