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(영문) 의정부지방법원고양지원 2020.10.22 2020고단1551

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment with prison labor for a year and two months and by a fine of ten million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On August 1, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at Ansan District Court’s Ansan Branch on August 1, 2018.

【Criminal Facts】

On August 1, 2018, the Defendant issued a summary order of KRW 3 million for the violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on August 1, 2018.

At around 22:55 on May 26, 2020, the Defendant, without obtaining a driver’s license, driven a car by E-Belgium while under the influence of 0.049% of blood alcohol concentration from around 50 meters in the front of the cafeteria to the front road of D around 22:58 on the same day.

As a result, the defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without obtaining a driver's license.

around 23:00 on January 8, 2020, the Defendant driven a E-Belgium car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.070% from the road near the “G” located in the “G” to the front road of H.

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

Summary of Evidence

"200 Highest 1551"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, results of crackdown on drinking driving, the register of driver's licenses, and details of disposition on the cancellation of driver's licenses;

1. Previous records of judgment: Criminal records, etc., references to criminal records, etc., suspects' drinking records, and traffic records, and "20 high-speed 470";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Report on the circumstantial statement, investigation report, and records of crackdown on drinking driving;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. As to the crimes of Articles 40 and 50 of the Criminal Code, the punishment of Articles 20 and 50 shall be sentenced to imprisonment, and as to the crimes of Articles 20 and 470 of the Criminal Code, the case shall be sentenced to imprisonment.