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(영문) 수원지방법원안양지원 2020.10.15 2020고단1321
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 14, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the same court on August 31, 201, respectively.

[2020 Highest 1321] On July 2, 2020, the Defendant driven the E-7 car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.222% from the 50-meter section from the roads near Seo-gu Incheon, Seo-gu, Incheon to the front roads in the same Gu C.

As a result, the Defendant violated the prohibition of drunk driving, and again, was driven under the influence of alcohol.

[2020 Godan1446] On July 24, 2020, the Defendant driven an E 7 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.197% from the 500-meter section to the front road from the military air basin in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant violated the prohibition of drunk driving, and again, was driven under the influence of alcohol.

Summary of Evidence

[200 Highest 1321]

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of the influence of alcohol driving control, site and vehicle photographs of the 112 Incident report, on-siteCCTV photographs, investigation report, and investigation report [200 Godan1446];

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the circumstances of the driving of the driving of the drinking house, report on the circumstantial statements of the drinking driver, and report on the control of drinking;

1. A report on investigation results and a report on investigation results (pre-trial record);

1. A report on criminal records, etc., and a report on the results of dispositions and confirmation;

1. Application of Acts and subordinate statutes to a report on investigation (verification of previous convictions);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is as follows.

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