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(영문) 의정부지방법원 2020.06.16 2020고단246
도로교통법위반(음주운전)등
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 January 24, 2013, the Defendant was issued a summary order of KRW 7 million by the Seoul Northern District Court for the violation of the Road Traffic Act.

On September 5, 2019, around 11:55, the Defendant driven a C high-speed vehicle with approximately 5km alcohol concentration of about 0.193% in the section of about 5km, while under the influence of alcohol, and violated the obligation of prohibiting drunk driving twice or more.

On January 24, 2013, the Defendant was issued a summary order of KRW 7 million by the Seoul Northern District Court for the violation of the Road Traffic Act (driving). On November 25, 2019, the Defendant was charged with non-detained as a crime of violation of the Road Traffic Act (driving).

On January 21, 2020, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle at approximately 1.5 km in the section of approximately 1.5 km from the roads adjacent to the Song IC and the roads adjacent to the Gyeonggi-si, which are located in Yang-si, Tri-si, Yang-si, under the influence of alcohol of 0.187% of the blood alcohol level, to the front roads of the Gyeonggi-si.

Accordingly, the defendant was driving not less than twice while under the influence of alcohol.

Summary of Evidence

"200 Highest 246"

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Criminal history records, reply reports (A), investigation reports (attached to the same type of summary order), 200 order 1773;

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (the same type of power and the confirmation of the progress of trials);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of a sound driving) concerning the facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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