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(영문) 의정부지방법원 2021.01.27 2020고단6142

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On August 4, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on August 4, 2009, and on July 19, 2012, the Defendant received a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on July 19, 20

On October 24, 2020, the Defendant driven a Ccom-sports car under the influence of alcohol 0.073% from the 15km section to the front road of the Defendant’s residence located in Yangju-si, Howon-dong, Howon-si, Howon-si, Howon-si, Howon-si, Yangju-si, with approximately 15km alcohol content from around 0.073%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, reports on the situations of the driving of the week, reports on the circumstances of the drivers of the week, and investigation reports (report on the circumstances of the drivers of the week);

1. Application of Acts and subordinate statutes to an inquiry letter, such as a criminal history, (A), an investigation report (report on the confirmation of the past record of such a crime), and a copy of a summary order;

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. Although the Defendant was sentenced to punishment for a crime of violating the Road Traffic Act around 2009 and around 2012, the Defendant committed the instant crime. At the time of the instant case, the Defendant’s blood content at the time of the instant crime was 0.073%, taking into comprehensive account the Defendant’s age, character and conduct, family relationship, motive, means, and circumstances after the crime, etc., and determine the sentence as ordered by taking into account various sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age and character, personality and conduct, family relationship, motive, means, and circumstances after the crime.