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(영문) 의정부지방법원 2020.09.09 2020고단3091

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 10, 2013, the defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 10, 2013, and on April 3, 2018, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 3, 2018.

At around 13:00 on May 25, 2020, the Defendant driven CNAS car in the state of alcohol alcohol concentration of about 0.176% on the four kilometers from the front of the French convenience store in the Namyang-si, Namyang-si to the front road of the shooting distance in the 1786 Seoyang-do, Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Detection report, report on the status of primary driving, report on the status of primary driving, report on the status of primary drivers, investigation report (report on the circumstances of primary drivers), and report on 112 case handling table; and

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records, etc.;

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

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. The Defendant appears to have an attitude against whom the sentence of sentence was rendered, and said that he/she would not repeat the sentence with “be subject to alcohol dependence treatment.”

The fact that the defendant supports a child living alone and that the defendant's main figures want to leave the ship is a normal situation in which it can be considered favorable to the defendant.

However, the Defendant was punished by a fine for a violation of the Road Traffic Act (driving) around 2001, around 2006, and around 2013. On April 3, 201, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime on April 3, 201, and the judgment became final and conclusive on April 11, 2018, but the period of the suspended sentence was too excessive and long, the Defendant committed the instant crime on May 25, 2020, when the period of the suspended sentence was too excessive.

At the time of the instant case.