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(영문) 의정부지방법원 2020.11.23 2020고단3222

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On July 15, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court, and on October 4, 2013, the Defendant received a summary order of KRW 4 million for the same crime from the Jung-gu District Court as the same offense. On August 7, 2014, the Defendant was sentenced to a suspended sentence of two years for the same offense by the same court.

【Criminal Facts】

According to the evidence of 00:07 on June 2, 2020, the Defendant’s blood alcohol concentration at the 4.3km section from the front of the “B market” to the front of the “C Village” in the same city from the 4.3km section from the day before the “C Village” road, the Defendant appears to have 0.18% of the blood alcohol concentration at the 0.18% level, but it is based on the number as stated in the indictment.

A vehicle was driven in D with D while under influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the driver, a report on the actual condition of the driver, and an investigation report;

1. On-site photographs of 112 reported case lists;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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 reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being punished several times due to drinking driving, and this is the sixth-class crime.

The final criminal records are punished by the suspended sentence of imprisonment in 2014.

Nevertheless, the crime of this case was committed again.

The blood alcohol concentration at the time of driving of the instant case is considerably high.

The defendant also caused an accident that shocks the preventive pension while drunk driving.

However, the defendant recognizes the crime and reflects his mistake, the last penalty power and the instant case.