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(영문) 의정부지방법원 2020.12.15 2020고단4591

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 2, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 250,000 as a fine in the same court on June 26, 2015.

On July 21, 2020, around 22:17, the Defendant driven a Drocketing car under the influence of alcohol concentration of approximately 0.067% in a section of about 300 meters from the nearby road to the front road of the Gyeonggi-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of one copy of a report on criminal records, etc. and one copy of each summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,