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(영문) 의정부지방법원 2020.11.24 2020고단2752
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 3, 2009, the Defendant issued a summary order of KRW 2 million to a government district court on September 3, 2009 for a violation of the Road Traffic Act. On May 6, 2011, the same court was sentenced to three months by imprisonment for a violation of the Road Traffic Act. On November 16, 2012, the same court was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act. On September 3, 2013, the same court was sentenced to six months by imprisonment for a violation of the Road Traffic Act. On January 20, 2017, the court was sentenced to a fine of KRW 10 million by a fine of a violation of the Road Traffic Act.

On April 29, 2020, at around 11:52, the Defendant driven a D low-speed car while under the influence of alcohol leveling 0.212% in the 50-meter section near “C” road in Namyang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

around 11:00 on April 29, 2020, the Defendant assaulted the victim’s body part by hand on the road near the “C” located in Namyang-si, Namyang-si, and the victim E (ma, 55 years of age) without permission, on the ground that the victim E (ma, 55 years of age), while under the influence of alcohol, he was under the influence of alcohol.

Summary of Evidence

"200 Highest 2752"

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and report on alcohol alcohol appraisal;

1. Application of Acts and subordinate statutes to photographs of written statements E in the statement of the defendant, "20 Highest 2986", such as criminal history records, etc., history records before the disposition, results of confirmation, and attachment summary records;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 260 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation are the drinking driving.

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