(영문) 의정부지방법원 고양지원 2020.01.30 2019고단2872

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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단2872

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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 March 25, 2013, the Defendant received a summary order of KRW 3.5 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving) in the Gwangju District Court's Netcheon Branch on March 25, 2013, and on April 30, 2018, the Defendant received a summary order of KRW 6 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving).

Nevertheless, at around 09:00 on September 15, 2019, the Defendant driven a Dtiburi-ri car in the state of alcohol alcohol concentration of about 49km from around 10:00 on the front day of the discharge from active service of 530 death to the front day of the city located in Ilyang-si, U.S., Seoyang-si, Seoyang-si, and around 10:00 on the same day.

Accordingly, the Defendant violated the Road Traffic Act not less than twice the prohibition of driving under the influence of alcohol provided for in the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, etc., and application of investigation reports (verification of the same kind of drinking driving records)-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant committed a crime again in only one year after he was punished as a drunk driving, that the blood alcohol level at the time of drunk driving is high, and that the distance of drunk driving is long.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant recognized the crime and did not repeat the crime, and that there is no record of punishment except the punishment due to drinking driving, etc., shall be determined as ordered by considering the following factors.

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