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(영문) 의정부지방법원 2021.01.27 2020고단4561
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant of "2020 Highest 4561" was prosecuted on September 2, 202 by committing a crime of violation of road traffic laws (driving of alcohol) due to his/her own act on July 27, 2020 and is currently pending in trial.

On August 7, 2020, the Defendant driven a D-Wn-Wn-Wn-Wn-Wn-Wn-W-W-W-W-W-W-W-C-W-W-C-W-W-C-W-W-W-W-W-C-W-W-W-W-W-W-W-W-C-W-W-W-C-W-W-W-W-W-W-W-W-W-W-S

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

On July 27, 2020, the Defendant driven a F rocketing car under the influence of alcohol content of about 0.126% from the 15km section from the public parking lot in the Dong-dong government of the Dong-dong Government to the front distance of the E apartment at Yangju-si from the 15km section from the 10:00 on July 27, 2020.

Summary of Evidence

[200 Highest 4561]

1. Defendant’s legal statement, report on the actual traffic accident, report on the circumstances of the driver who takes the main place, and notification of the results of crackdown on driving under drinking: Report on the results of confirmation of his previous offense under Article 44(1) of the Road Traffic Act

1. Application of Acts and subordinate statutes to a copy of the defendant's legal statement concerning the circumstances reported while driving the main driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2, 44 (1) ( Selection of a fine, No. 2020, No. 1335, 148-2 (1) and 44 (1) (Selection of a fine) of the Road Traffic Act concerning the facts constituting an offense; Articles 148-2 (1) and 44-2 (1) of the Road Traffic Act (Selection of a punishment by imprisonment, No. 4561, Oct. 20, 202);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Articles 53 and 55 subparag. 3 (1) (2020 order 4561 of the Criminal Act) of the Criminal Act to be mitigated, Articles 70 subparag. 1 and 69(2) of the Criminal Act to be confined in a workhouse (2020 order 1335)

1. Article 62(1) of the Criminal Act (as to the order of 2020 senior 4561 of the Criminal Act)

1. An order to attend a course under Article 62-2 of the Criminal Act (as against the order of 2020 high order, 4561);

1. Defendant on July 27, 2020, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act (2020 high court 1335) of the Criminal Procedure Act.

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