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(영문) 의정부지방법원 2020.11.11 2020고단4017
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 3, 2009; on April 24, 2012, a summary order of KRW 4 million for the same crime at the Seoul Northern District Court on April 24, 2012; on February 8, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

On July 25, 2020, at around 10:09, the Defendant driven a dent motor vehicle in the section of about 800 meters from the Ha Government-si to the public parking lot C and the front road of the Gu Government-si from the Ha Government-si in the state of alcohol concentration of 0.072%.

Summary of Evidence

1. The written statement of the police statement F in relation to the defendant's legal statement E, the state of his driving, the statement of the situation of his driver, the investigation report (the state of his driver), the report on the handling of the 112 reported case, the report on internal investigation (the currency with the reporter), and the investigation report (the application of the F mark);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (attached reporting, such as a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. A defendant who has been sentenced to a fine for a violation of the Road Traffic Act around 2009; a fine for the same crime around 2012; and a person who has been sentenced to a suspended sentence of imprisonment for the same crime around 2017.

In addition, the defendant was sentenced to the punishment of a fine for the crime of bodily injury in around 2012, around 2015 and around 2017. On February 13, 2020, the Seoul Central District Court sentenced 2 years of suspension of execution on the grounds of special assault, etc., and sentenced 2 months of suspension of execution on February 21, 2020, which became final and conclusive on February 21, 2020, and committed the crime of drunk driving in this case during the suspension of execution.

The defendant is also the defendant around 2013.

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