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(영문) 의정부지방법원 2021.02.17 2020고단6643

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

On November 30, 2017, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu on November 30, 2017.

On November 19, 2020, the Defendant driven a car with approximately 5 meters of 3 meters wide CAbregnat on the front side of Namyang-si, Namyang-si, under the influence of alcohol content of 0.119% among blood transfusions at around 23:50.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site survey reports, photographs, such as on-site map of police officers dispatched to the scene, reports on the handling of cases 112, reports on the circumstances of drivers working at the State, investigation reports, investigation reports on drivers working at the State, and investigation reports (the above drone model);

1. (A) the application of an inquiry letter, such as criminal history, and an investigation report (a) the application of statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Even though the Defendant had been punished for a crime of violating the Road Traffic Act (drinking) around 2017, the Defendant committed the instant crime, and the alcohol content among blood is 0.119%.

In light of the fact that the Defendant’s drinking distance per se of the indictment was 5 meters, the Defendant’s age, character and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and the various sentencing conditions indicated in the instant records and arguments shall be comprehensively considered, and the punishment shall be determined as ordered.